Clarification with
regard to holding of shares or exercising power in a fiduciary capacity -
Holding and Subsidiary relationship under Section 2(87) of the Companies Act,
2013.
General Circular No. 20 /2013
Dated: 27th December. 2013.
This Ministry has received a number
of representations consequent upon notifying section 2(87) of the Companies
Act, 2013 which defines "subsidiary company" or
"subsidiary". The stakeholders have requested this Ministry to
clarify whether shares held or power exercisable by a company in a 'fiduciary
capacity' will be excluded while determining if a particular company is a
subsidiary of another company. The stakeholders have further pointed out that
in terms of section 4(3) of the Companies Act, 1956, such shares or powers were
excluded from the purview of holding-subsidiary relationship.
The matter has been examined in the
Ministry and it is hereby clarified that the shares held by a company or power
exercisable by it in another company in a 'fiduciary capacity' shall not be
counted for the purpose of determining the holding-subsidiary relationship in
terms of the provision of section 2(87) of the Companies Act, 2013.
Regards
CA. Mona Singhal
Partner
Arpit Gupta & Associates
Chartered Accountants
701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001
Mobile:- 8130711885, 9873082769
Website: www.caaga.co.in
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