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Microlesson · 5-min read

Consolidated Financial Statements [Sec. 129(3) and Rule 6]

## Section 129(3) — Consolidated Financial Statements (CFS)

### The Mandate

Where a company has one or more subsidiaries (or associates / joint ventures), it shall, in addition to its own FS, prepare a Consolidated Financial Statement of the company and of all the subsidiaries, in the same form and manner as that of its own.

The CFS shall also be laid before the AGM along with the standalone FS.

### Statement of Salient Features [Form AOC-1]

The company shall attach along with its FS a separate statement containing the salient features of the financial statements of:

  • Every Subsidiary
  • Every Associate
  • Every Joint Venture (JV)

This statement is in Form AOC-1.

### Expanded Meaning of "Subsidiary"

For the purpose of Sec. 129(3), the expression "subsidiary" includes associate company and joint venture.

## Rule 6 — Manner of Consolidation

  • CFS shall be made in accordance with the applicable Accounting Standards (AS-21 / Ind AS-110) and Schedule III.
  • Where a company is not required under the Accounting Standards to prepare CFS (e.g., wholly-owned intermediate subsidiary in certain cases), it shall be sufficient if the company complies with Schedule III for consolidation.

### Exemption from preparing CFS (Rule 6 — proviso)

A company is NOT required to prepare CFS if ALL three conditions are satisfied:

1. It is a wholly-owned subsidiary, OR a partially-owned subsidiary of another company, and all its other members (including those not otherwise entitled to vote) have been intimated in writing and have not objected to the company not presenting CFS;

2. It is a company whose securities are not listed (or are not in the process of listing) on any stock exchange — whether in India or outside India; and

3. Its ultimate or any intermediate holding company files CFS with the Registrar which are in compliance with the applicable Accounting Standards.

> Memory aid: "WUL" — Wholly/partially owned + no objection, Unlisted, ultimate/intermediate holding Lodges CFS.

Worked example

### Example 1

Q. H Ltd. has one subsidiary S Ltd., one associate A Ltd. and one joint venture J Ltd. Must H Ltd. consolidate all three?

A. Yes. Under the explanation to Sec. 129(3), 'subsidiary' includes associate and joint venture for the purpose of CFS. H Ltd. must consolidate all three (S, A and J) and attach Form AOC-1 showing salient features of each.

### Example 2

Q. P Ltd. is an unlisted wholly-owned Indian subsidiary of US-based UP Inc., which prepares CFS in compliance with applicable AS and files them with the appropriate authority. P Ltd. has its own subsidiary Q Ltd. Must P Ltd. prepare CFS?

A. No. All three conditions in the proviso to Rule 6 are satisfied (WOS of UP Inc., unlisted in India and abroad, and ultimate holding company files CFS). Hence P Ltd. is exempt from preparing CFS in respect of Q Ltd.

⚠️ Common exam mistakes

  • Restricting consolidation to subsidiaries only — under Sec. 129(3) it covers subsidiaries, associates and JVs.
  • Confusing AOC-1 (salient features statement) with AOC-4 (filing of FS) or AOC-5 (place of BoA).
  • Treating any one of the three conditions in Rule 6 proviso as sufficient — all three must be satisfied simultaneously.
Bare-Act text Sec. 129(3) · Companies Act, 2013 read with Rule 6 of Companies (Accounts) Rules, 2014 · click to expand
Section 129(3): Where a company has one or more subsidiaries or associate companies, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries and associate companies in the same form and manner as that of its own and in accordance with the applicable accounting standards, which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries and associate company or companies in such form as may be prescribed. Explanation — For the purposes of this sub-section, the word 'subsidiary' shall include associate company and joint venture.
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