Companies Act, 2013
19.
Subsidiary
company not to hold shares in its holding company.
1. No company shall,
either by itself or through its nominees, hold any shares in its holding
company and no holding company shall allot or transfer its shares to any of its
subsidiary companies and any such allotment or transfer of shares of a company
to its subsidiary company shall be void:
Provided
that nothing in this sub-section shall apply to a case—
a.
where
the subsidiary company holds such shares as the legal representative of a deceased
member of the holding company; or
b.
where
the subsidiary company holds such shares as a trustee; or
c.
where
the subsidiary company is a shareholder even before it became a subsidiary
company of the holding company:
Provided
further that the subsidiary company referred to in the preceding proviso shall
have a right to vote at a meeting of the holding company only in respect of the
shares held by it as a legal representative or as a trustee, as referred to in
clause (a ) or clause (b ) of the said proviso.
1.
2. The reference in this
section to the shares of a holding company which is a company limited by
guarantee or an unlimited company, not having a share capital, shall be
construed as a reference to the interest of its members, whatever be the form
of interest.