Section 212

Company A, has subsidiary abroad. In compliance with Section 212, i want to attach its financials, audit report,. directors report. Is financial and DR, AR is to be as per indian companies act.??? or only financials disclosure must be as per companies act

Replies (5)

Dear Shwetha

It must be as per indian companies act..

 

rgds

Vivek

Originally posted by :Shweta
" Company A, has subsidiary abroad. In compliance with Section 212, i want to attach its financials, audit report,. directors report. Is financial and DR, AR is to be as per indian companies act.??? or only financials disclosure must be as per companies act "

In response to your query, I would like to point out that , Company A being the holding Company in India and being governed by the Indian Companies Act, 1956 , it is usual that you follow,  the  financial and DR, AR  as per indian companies act. However, if the subsidiary is incorporated in a foreignstate , which requires a subsidiary of a foreign company , then those set of laws will apply.

Dear Dhanraj

What u r saying is logically correct. But section 212 (2) clearly says the financials of foreign subsidiaries should be made as per THIS act. Kindly appreciate.

rgds

CS Vivek Hegde

 

Dear Ms. Shweta
 
Section 212 of the Companies Act, 1956 says the balanc-sheet, profit and loss account, director report and auditors report should be made out in accordance with the requirement of the Companies Act, 1956. Thus u can attached the documents specified under sub-section (1) of section 212 as per Companies Act, 1956.
 
Best Regard

Dear Sirs,

I am sorry to contradict you all but there is no provision under ICA, 1956 to submit the DR, AR, balance sheet or Profit & Loss a/c as per the act. Section 212(2) does not state about "FOREIGN COMPANY". the section is about "SUBSIDIARY".

A company MAY opt to make the financial statements according to ICA.

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