Incorporation of Pvt. Company

Thank you, Mr. Vijay, for sharing the valuable knowledge.

The case cited by you makes the point clearer.

But, as already inferred by me...it is not obligatory for the subsidiary of the public to get converted into a public co....

But while incorporating the same, ROC will have objections to it...

As a learned person, may I request you to provide more information on the subject..

Thanks in anticipation..

Could you please clarify what aspects of company law in light of our above discussion do you need clarification? Im sorry am unable to appreciate your concern>>>

I hope, the question is clear now

Dear friends,

I am attaching copy of CLB decision in Hilcrest Realty case wherein it has been held that a private co. which is subsidiary of public co. can retain basic characteristics of a private co. as mentioned in Sec.3(1)(iii) in its Articles.

Regards,

Hi

The final course of action we adopted is to form independent pvt .td. company.

ROC is not ready at any cost to incorporate a pvt. ltd co. as subsidiary of public limited company.

Regards

Hinna Garg

Subsidiary category would be come after incorporation only (If a new company).

The new company can be incorporate with 99% of shares  acquire by public company by way of subscriber to the memorandum and another 1% of can acquire by either individual or another corporate (As per Companies Act, the members must be two for private company).

After incorporation proposed company must fall under subsidiary category (major shares held by public company which is called holding company, given case 99% held by public company) under section 4 of the companies Act.

If I wrong kindly advise to me.

Hi

ROC only issue Certificate of Incorporation in the name which was approved after Filing Form 1A, After issue of COI the company either be limited or private limited.

In any situation company  ROC can not issue a Certificate with addition of  "subsidiary of public company or private company".

Regards