43% of the paid up share capital of V4C Ltd. is held by the Central Government and 8% is held by the Life Insurance Corporation of India and Unit Trust of India (Public Institutions). Analyze the definition of 'Governmen

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
43% of the paid up share capital of V4C Ltd. is held by the Central Government and 8% is held by the Life Insurance Corporation of India and Unit Trust of India (Public Institutions). Analyze the definition of 'Government Company' under the provisions of the Companies Act, 2013 and decide whether V4C Ltd. is a Government Company.

Answer & Explanation:

No, V4C is not a Government Company. According to Section 2 (45) of the Companies Act, 2013, a Government Company means any company in which not less than 51% of the paid up share capital is held by- The Central Government (CG) or Any State Government or Governments (SG) or Partly by the Central Government and partly by one or more State Governments Thus, in determining whether a company is a Government Company or not, the percentage of its paid up share capital held by CG and/or SG shall be considered. In the given problem, 43% of the paid up capital of V4C Ltd is held by CG, however, 8% shares are held by Life insurance Corporation of India and the Unit Trust of India, which are public authorities and not Central Government or State Government. In view of the definition of the Government Company given u/s 2(45) of the Companies Act, 2013, the shares held by the Public institutions viz Life insurance Corporation of India and the Unit Trust of India shall not to be taken into consideration for identifying a Company as Government Company. As CG holds 43% in V4C Ltd, therefore, it is not a Government Company.

Topics: Company Law

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