The Companies Act: New definition of ‘subsidiary company’
By Dr. K. R. Chandratre
The main problem with the new definition of the term ‘subsidiary company’ is section 2(87)(ii) of the Companies Act, 2013 according to which if one company exercises or controls more than one half of the total share capital either on its own or together with one or more of its subsidiary companies, the other company will be treated as the former’s subsidiary. The total omission of the provisions of section 4(7) of the Act of 1956 appears to be a shortcoming of the new Act.
Regards,
CS Jigar Shah
98333 77647
Source: Chartered Secretary, September edition.