Saturday, January 10, 2015

Related Party Under Companies Act 2013

Related party is defined  u/s. 2(76) Companies act, 2013:

The following persons are related parties to the company:

- a director
- a relative of such director

- a KMP
- a relative of such KMP.

- a firm where such director is a parter.
- a firm where relatives of such director is a partner.

- a private limited co where such director is a director.
- a private limited co where such director is a member.

- a public limited co where such director is a director.

- a public limited co where such director along with relatives holds more than 2% of its paid-up capital.

- any body corporate acts in according to the direction of board of directors/director.

- its holding company, a subsidiary company or associate company.

- any other subsidiary company of its holding company, if any.

Note:

** based on above definition the following companies are not related parties:

- a public company where relative of such director is a director.

- a public company where relatives of such directors holds any % of paid up capital. (Provided such director should not hold any share/directorship).

** though JV is not mentioned in the definition. JVs may fall under the term ssociate company or management control. So JV is also a related party.

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