Deemed Public Company ‑ Major shareholding with parent company outside India ‑ Whether the section operates to make Indian private company a public company
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Deemed public company status applies when an overseas parent controls shareholding, triggering public company compliance obligations. Section 43A makes an Indian private company a deemed public company when a foreign parent holds the major shareholding, regardless of the small percentage held by individuals, except where the foreign body beneficially owns the entire capital despite a nominee's registered share or where an individual's holding equals the share qualification for directorship; such deemed public companies must comply with public company obligations and reorganise membership, and where directors are all interested, the board should be enlarged with disinterested directors or the transaction submitted to the general meeting.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Deemed public company status applies when an overseas parent controls shareholding, triggering public company compliance obligations.
Section 43A makes an Indian private company a deemed public company when a foreign parent holds the major shareholding, regardless of the small percentage held by individuals, except where the foreign body beneficially owns the entire capital despite a nominee's registered share or where an individual's holding equals the share qualification for directorship; such deemed public companies must comply with public company obligations and reorganise membership, and where directors are all interested, the board should be enlarged with disinterested directors or the transaction submitted to the general meeting.
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