HP Polytech Limited has a paid -up share capital divided into 6,00,000 equity shares of 100 each.2,00,000 equity shares of the company are held by…

CA Foundation · Business Laws · RTP · September 2024
HP Polytech Limited has a paid -up share capital divided into 6,00,000 equity shares of 100 each.2,00,000 equity shares of the company are held by the Central Government and - 1,20,000 equity shares are held by the Government of Maharashtra. Explain with reference to relevant provisions of the Companies Act, 2013, whether HP Polytech Limited can be treated as a Government Company.

Suggested Answer and Working Notes:

Government Company [Section 2 (45) of the Companies Act,2013]: Government Company means any company in which not less than51% of the paid-up share capital is held by - (i) the Central Government, or (ii) by any State Government or Governments, or (iii) partly by the Central Government and partly by one or more State Governments, and the section includes a company which is a subsidiary company of such a Government company. In the instant case, the paid-up share capital of HP Polytech Limited is6,00,000 equity shares of 100each.200,000 equity shares are held by Central government and - 1,20,000 equity shares are held by Government of Maharashtra. The holding of equity shares by both government is3,20,000 which is more than51% of total paid up equity shares. Hence, HP Polytech Limited is a government company.

Topics: The Companies Act, 2013

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