We are a subsidiary company of a company incorporated in Japan. Are the transactions with Holding Company(i.e. Japanese Company)comes under the perview of Section 188 of the Companies Act, 2013.?
I am confusing thet whether Holding Japanese Company is a Company or Bodycorporate a per the provisions of Companies Act, 2013
02 July 2015
As per my opinion RPT is applicable in your case. But I believe the same should be on arms length basis and in the ordinary course of business. Simply keep a BR in minutes on safer side. No need to file any ROC form.
Thanks for your reply. I am a continous reader of your all articles posted at CAClub. Thanks for your valuable contribution on CAClubindia.
Further with reference to my query, my understaning is as below:- 1. Our Holding company is incorporated in Japan and as per the definition of Companies Act 2013 it is not a "company" within the meaning of section 2(20)the Act. 2. The holding japanese company is body corporate. 3. We are not controlling our holding company in any manner.
still RTP applies to our case? Please provide your valuable comment for my better understanding. Also provide some reference, if possible.
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