Notification of Companies (Restriction on number of layers of Subsidaries) Rules, 2017

 

Restriction on number of layers for certain classes of Holding Companies.

On and from the date of commencement of these rules (ie. from September 20, 2017), no company, other than a company belonging to a specified class, shall have more than two layers of subsidiaries:

Provided that the provisions of this sub rule shall not affect a company from acquiring a company incorporated outside India with subsidiaries beyond two layers as per the laws of such country:

Provided further that for computing the number of layers under this rule, one layer which consists of one or more wholly owned subsidiary or subsidiaries shall not be taken into account.

However, the provisions of this rule shall not apply to (a) a Banking Company, (b) a Non-Banking Financial Company, (c) an Insurance Company and (d) a Government Company.

The provisions of this rule shall not be in derogation of the proviso to sub-section (1) of section 186 of the Act.

However, every company, other than a company exempted from this rule, existing on or before the commencement of these rules, which has number of layers of subsidiaries in excess of the layers specified:

shall file, with the Registrar a return in Form CRL-1 disclosing the details specified therein, within a period of one hundred and fifty days from the date of publication of these rules in the Official Gazette;shall not, after the date of commencement of these rules, have any additional layer of subsidiaries over and above the layers existing on such date; andshall not, in case one or more layers are reduced by it subsequent to the commencement of these rules, have the number of layers beyond the number of layers it has after such reduction or maximum layers allowed in sub-rule (1), whichever is more.

If any company contravenes any provision of these rules the company and every officer of the company who is in default shall be punishable with fine which may extend to ten thousand rupees and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which such contravention continues.

Link http://egazette.nic.in/WriteReadData/2017/179104.pdf

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