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.
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Fiduciary capacity shareholding excluded from calculation of holding-subsidiary relationship under Companies Act, guiding registrars and stakeholders. Shares held or powers exercisable by a company in another company in a fiduciary capacity shall not be counted for the purpose of determining the holding-subsidiary relationship under section 2(87) of the Companies Act, 2013; this clarification aligns with prior exclusion under the Companies Act, 1956 and is issued by the Ministry of Corporate Affairs for registrars and regional directors.
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.
Fiduciary capacity shareholding excluded from calculation of holding-subsidiary relationship under Companies Act, guiding registrars and stakeholders.
Shares held or powers exercisable by a company in another company in a fiduciary capacity shall not be counted for the purpose of determining the holding-subsidiary relationship under section 2(87) of the Companies Act, 2013; this clarification aligns with prior exclusion under the Companies Act, 1956 and is issued by the Ministry of Corporate Affairs for registrars and regional directors.
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