Decide, quoting the relevant provisions, if the following shareholders of Minimum Ltd. fall under the definition of Significant Beneficial Owner : (b) C Ltd. holds 20% of the equity share capital in Minimum Limited. Kris

CS Professional · Advanced Company Law and Practice · PYQS · June 2019
Decide, quoting the relevant provisions, if the following shareholders of Minimum Ltd. fall under the definition of Significant Beneficial Owner : (b) C Ltd. holds 20% of the equity share capital in Minimum Limited. Krishna holds 75% of the equity share capital in C Limited while Guha holds the balance 25% equity in C Ltd.

Answer & Explanation:

According to Explanation I (i) to Rule 2(1)(e) of the Companies (Significant Beneficial Owner) Rules, 2018, where the member is a company, the significant beneficial owner is the natural person, who, whether acting alone or together with other natural persons, or through one or more other persons or trusts, holds not less than ten per cent. share capital of the company or who exercises significant influence or control in the company through other means. In present case, Krishna who holds 75% of the equity capital in C Ltd is indirectly holding 15% (75% of 20%) in Minimum Ltd as C Ltd holds 20% of the equity share in Minimum Ltd and hence, he is a significant beneficial owner. Guha who holds only 25% in C Ltd is indirectly holding 5% (25% of 20%) in Minimum Ltd as C holds 20% equity share capital in C Ltd hence he is not a significant beneficial owner.

Topics: Company Law

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