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Microlesson · 5-min read

Subsidiary Company Not to Hold Shares in Holding Company [Section 19]

# Section 19 — Subsidiary Not to Hold Shares in Holding Company

## Main Rule

A subsidiary company cannot hold shares in its holding company, either by itself or through its nominees.

## Three Exceptions (when holding is permitted)

A subsidiary may hold shares of its holding company if it holds them as:

1. Legal representative of a deceased member of the holding company.

2. Trustee.

3. Shareholder — but only if the shares were held before it became a subsidiary of that holding company.

## Voting Rights

Right to vote at meetings of the holding company is available only when shares are held as:

  • Legal representative, OR
  • Trustee.

Not available when shares are held in the third category (as pre-existing shareholder).

## Allotment / Transfer After Subsidiary Status

  • Any fresh allotment or transfer of shares of the holding company to its subsidiary (e.g., rights shares) shall be VOID.
  • Exception: Bonus shares can be allotted.
  • The subsidiary can voluntarily reduce its shareholding in the holding company at any time.

## Rationale

The rule prevents circular shareholding — where the holding company controls the subsidiary, and the subsidiary holds shares back in the holding company. This protects against indirect manipulation of holding company control and dilution of shareholder protection.

Worked example

### Example 1

Q: S Ltd. is a subsidiary of H Ltd. H Ltd. announces a rights issue. Can S Ltd. subscribe to the rights shares of H Ltd.?

A: No. Any allotment/transfer of holding company's shares to its subsidiary is VOID, except bonus shares. The rights allotment to S Ltd. would be void.

### Example 2

Q: ABC Ltd. was a shareholder of XYZ Ltd. Subsequently, XYZ Ltd. acquired ABC Ltd. and made it its subsidiary. Can ABC Ltd. continue to hold XYZ Ltd.'s shares? Does it have voting rights?

A: Yes — ABC Ltd. may continue to hold the shares (as it held them before becoming subsidiary). However, ABC Ltd. will not have voting rights at XYZ's meetings in respect of these shares.

### Example 3

Q: S Ltd., a subsidiary of H Ltd., is appointed as a trustee of an employee welfare trust which holds 100 shares of H Ltd. Can S Ltd. hold and vote on these shares?

A: Yes. As trustee, S Ltd. is permitted to hold the shares and may also vote on them at H Ltd.'s meetings.

⚠️ Common exam mistakes

  • Stating that voting rights are available in all three exceptions — they are NOT available where shares are held as pre-existing shareholder.
  • Saying bonus shares are also void — bonus shares are specifically permitted.
  • Forgetting that the subsidiary may reduce its shareholding at any time.
  • Confusing 'transfer' with 'bonus' — fresh allotment/transfer is void; bonus is an exception.
Bare-Act text Section 19 · Companies Act, 2013 · click to expand
No company shall, either by itself or through its nominees, hold any shares in its holding company and no holding company shall allot or transfer its shares to any of its subsidiary companies and any such allotment or transfer of shares of a company to its subsidiary company shall be void.
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