What would be the status of AV Pvt. Ltd. under the Companies Act, 2013, if TV Ltd. has appointed six (6) out of ten (10) directors on the Board of AV Pvt. Ltd. by exercising some powers at its discretion ?

CS Executive · Company Law · PYQS · June 2022
What would be the status of AV Pvt. Ltd. under the Companies Act, 2013, if TV Ltd. has appointed six (6) out of ten (10) directors on the Board of AV Pvt. Ltd. by exercising some powers at its discretion ?

Answer & Explanation:

As per section 2(87) of the Companies Act, 2013, "subsidiary company" in relation to any other company (that is to say the holding company), means a company in which the holding company: controls the composition of the Board of directors; or exercise or controls more than one-half of the total voting power either at its own or together with one or more of its subsidiaries. The composition of company's Board of directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of director. In the given case AV Pvt. Ltd is deemed to be subsidiary company of TV Ltd. as it controls the composition of board of directors of AV Pvt. Ltd. Further, subsidiary of a public company is deemed to be considered as a public company. Therefore, AV Pvt. Ltd is considered as a public company.

Topics: Company Law Fundamentals

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