Distinguish between the following: 'Related Party' and 'Relative' as defined and applied under the Companies Act, 2013.

CS Executive · Company Law · PYQS · December 2017
Distinguish between the following: 'Related Party' and 'Relative' as defined and applied under the Companies Act, 2013.

Answer & Explanation:

According to Section 2(76) 'related party', with reference to a company, means- a director or his relative; a key managerial personnel or his relative; a firm, in which a director, manager or his relative is a partner; a private company in which a director or manager or his relative is a member or director; a public company in which a director and manager is a director and hold along with his relatives, more than two per cent of its paid-up share capital; any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; any company which is- (A) a holding, subsidiary or an associate company of such company; or (B) a subsidiary of a holding company to which it is also a subsidiary; such other person as may be prescribed. Rule 3 of the Companies (Specification of Definitions Details) Rules, 2014 prescribes, a director other than an independent director or key managerial personnel of the holding company or his relative with reference to a company, shall be deemed to be a related party. According to Section 2(77), 'relative' with reference to any person means anyone who is related to another, if: (i) they are members of a HUF; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed. According to Rule 4 of the Companies (Specification of Definitions Details) Rules, 2014, a person shall be deemed to be the relative of another, if he or she is related to another in the following manner, namely:- Father: Provided that the term 'Father' includes step-father. Mother: Provided that the term 'Mother' includes the step-mother. Son: Provided that the term 'Son' includes the step-son. Son's wife. Daughter. Daughter's husband. Brother: Provided that the term 'Brother' includes the step-brother; Sister: Provided that the term 'Sister' includes the step-sister.

Topics: Related Party Transactions

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