section 2(71) Public company

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If private company is a subsidiary of a public company, shall be deemed to be a public company for the purpose of this act even when such subsidiary company continues to be a private company in its articles.

Q. In this case is it require to increase number of members or not in such private subsidiary company?
Replies (3)
No there is not required to increase no. Of members

Hello sh*tanshu

We will discuss your query sequentially.

1.) As per proviso to Section 2(71) of CA, 2013 a private company which is subsi of public company shall be treated as public company for the purpose of this Act except its articles will remain to cover all the 3 restrictions as provided in Sec2(68).

But apart from 3 restrictions such private company(now subsi of public co.) shall fulfill other requirements of public company

Example : Private company (having 2 director) after becoming subsi of public company shall increase its no. of director to 3 due to aforesaid reason.

2.) However, as per sec 3 of the Act i.e Formation of co  -

private co shall have min 2 members and public min 7.

So, if such private co. has 2 members it NEED NOT increase its members to 7 because section 3 applies during formation of company not subsequently.

3.) CONCLUSION :- But, for fulfilling quorum requirement as per section 103 it is advisable to such private co to increase the no. of members to 7. 

Hope this will satisfy your query

Thanks

 

Not required to increase No. of Members


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