XYZ Limited is a company incorporated under the Companies Act, 2013. The paid up share capital of the company as on 31.03.2025 is as under: (1)…

CA Foundation · Business Laws · MTP · January 2026
XYZ Limited is a company incorporated under the Companies Act, 2013. The paid up share capital of the company as on 31.03.2025 is as under: (1) Government of India 20% (2) Life Insurance Corporation of India (Public Institution) 8% (3) Government of Tamil Nadu 10% (4) Government of Rajasthan 10% As per above shareholding, state whether XYZ Limited be called a Government Company under the provisions of the Companies Act, 2013.

Suggested Answer and Working Notes:

Under the Companies Act,2013, a Government company is defined in Section 2 (45) as a company in which not less than51% of the paid-up share capital is held by: The Central Government, orAny State Government or Governments, orPartly by the Central Government and partly by one or more State Governments, And includes a company which is a subsidiary company of such a Government company. In the instant case, total Government Shareholding is40% [i.e.20% (Government of India) +10% (Government of Tamil Nadu) +10% (Government of Rajasthan)] =40% The holding of the Life Insurance Corporation of India i.e.8% cannot be taken into account while counting the prescribed limit of51%. Since the total shareholding held by the Central Government and State Governments combined is40%, which is less than51%, XYZ Limited does not qualify to be a Government company under the provisions of the Companies Act,2013.

Topics: The Companies Act, 2013

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