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A UK company owns all the voting shares in a company incorporated in India. How should the Indian entity be classified?

Question and options

A UK company owns all the voting shares in a company incorporated in India. How should the Indian entity be classified?

  1. An Indian company that is a wholly owned subsidiary of the UK company

  2. A foreign company within section 2(42) of the Companies Act, 2013

  3. An Indian company that cannot be a subsidiary because its parent is incorporated overseas

  4. A branch office of the UK company with no separate legal personality

Answer and explanation

Correct answer: A - An Indian company that is a wholly owned subsidiary of the UK company

A company incorporated in India is an Indian company with its own legal personality, and section 2(87) of the Companies Act, 2013 makes it a subsidiary of a holding company that controls more than half of its total voting power; under section 2(46) a holding company includes a body corporate such as a foreign company. It is not a foreign company under section 2(42), which covers only entities incorporated outside India.

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