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Shreya Shah (Company Secretary)     19 November 2009

Applicability of Sec 299

 

Dear All,
 
Companies A, B & C are under the same Management. Company A holds 30% paid up capital of B. And Company C is a wholly owned subsidiary of Company A.
 
Company B is proposing to open a Currency Derivatives Trading Account with Company C. My query is whether section 299 will be attracted and applicable to both the companies?
 
As 299 (6) states
 

 

 
In our case Company B does not hold any shares Company C.
 
According to me, directors are to be considered as interested directors and sec. 299 will be applicable to both companies
 
Require your advice.
 
Thanks & Regards,
Shreya Shah


Learning

 1 Replies

PC Agrawal (PCS)     20 December 2009

It will be applicable only if directors of company C together hold 2% or more of paid-up share capital of company B as provided in Sec.299(6).

 


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