Direction under Section 212(8) of the Companies Act, 1956

Information Type: Legislative Information
Subject: Corporate Law
Statutes / Acts: Companies Act, 1956
Circular No: 1/2011
File No: 2/7/2010-CL V
Circular Date: 2011-02-3
Ministry: Ministry of Corporate Affairs
Circular State: Central
Case Note / Description :

It has been noticed that a large number of companies are approaching the Ministry for exemption under Section 212(8) of the Companies Act, 1956. The matter was examined in the context of the globalizing Indian economy, the increased number of subsidiaries, and the introduction of accounting standards on consolidated financial statements. It has been decided to grant a general exemption provided certain conditions are fulfilled.  The Central Government hereby directs that provisions of Section 212 shall not apply in relation to subsidiaries of those companies which fulfil the following conditions:- (i) The Board of Directors of the Company has by resolution given consent for not attaching the balance sheet of the subsidiary concerned; (ii) The company shall present in the annual report, the consolidated financial statements of holding company and all subsidiaries duly audited by its statutory auditors; (iii) The consolidated financial statement shall be prepared in strict compliance with applicable Accounting Standards and, where applicable, Listing Agreement as prescribed by the Security and Exchange Board of India; (iv) The company shall disclose in the consolidated balance sheet the following information in aggregate for each subsidiary including subsidiaries of subsidiaries:- (a) capital (b) reserves (c) total assets (d) total liabilities (e) details of investment (except in case of investment in the subsidiaries) (f) turnover (g) profit before taxation (h) provision for taxation (i) profit after taxation (j) proposed dividend

 
 
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