Regarding new provisions of Section 43A(2A) of the Companies Act, 1956

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(2A) of the Companies Act, 1956 To All Regional Directors All Registrars of Companies The Registrar of NCT of Delhi and Haryana has sought a clarification on the applicability of Section 43A(2A) on the erstwhile deemed public companies (when Section 43A was in operation prior to the Companies (Amendment) Act, 2000, which came into force w.e.f. 13.12.2000), to those public companies which are s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions under Section 43A(2A) shall be dealt with independent of section 4(7) of the Act. The legal position in the above circumstances would be that a private company would be the subsidiary of another private limited company even if the holding company happens to be a foreign body corporate and these companies do not need the exemption provided in Section 4(7) of the Act. Therefore, the private com....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in cases falling in the above paragraphs, the Registrar is required to make the necessary corrections in the certificate of incorporation within 4 weeks as from the date of receipt of application from the company as provided in Section 43A(2A) of the Act. (E. Selvaraj) Joint Director (T) (COPY) Departmental Circular No.3/2002 No.17/4/2002-CL.V Government of India Ministry of Finance and Co....