Section 4 of the companies Act

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sanjay srivastava (Querist)
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19 April 2010 HI ! dear friends my query is as

if all directors ABC LTD. and xyZ pvt Ltd are same and ABC Ltd's directors personally hold 100% shares of XYZ Pvt Ltd. will the company XYZ Pvt. Ltd be a subsiadry by virtue of only same directorship or holding of share?

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sanjay srivastava

Jagruti (CS)

Jagruti (CS) (Expert)
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30 April 2010 First check, whether directors of ABC are holding shares in there individual capacity or as nominee of Company ABC.

If the are holding shares as nominee than Company ABC will be holding otherwise not.

Also just by having Company Directorship, Company can't be treated as holding unless ABC has power to controal the board of directors of XYZ P L.