Cos 187 — Investments of company to be held in its own name

Companies Act, 2013

Statutory text

(1) All investments made or held by a company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or  nominees  of  the  company,  if  it  is  necessary  to  do  so,  to  ensure  that  the  number  of  members  of  the subsidiary company is not reduced below the statutory limit.
(2) Nothing in this section shall be deemed to prevent a company—

(a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof:
Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities re-transferred to it from the  State  Bank of India  or the scheduled  bank or, as the  case may be,  again hold the  shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for  the  repayment  of  any  loan  advanced  to  the  company  or  the  performance  of  any  obligation undertaken by it;
(d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner.
(3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose.

[(4)  If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]

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