Source: 3)b)i)5m,Jan20255 Marks
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Question Scenario

The extract of the major shareholders holding paid-up share capital in Rural Development Fin. Corp. Ltd., are as follows:\nCentral Government 26%\nState of Maharashtra 18%\nState of Tamilnadu 24% and\nPublic 32%\nWhether the company would be considered as a Public Financial Institution (PFI) under the provisions of the Companies Act, 2013? Explain in brief about various institutions regarded as 'Public Financial Institutions' under the Companies Act, 2013.

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Suggested Answer

Conditions for an institution to be notified as PFI (Section 2(72) of the Companies Act, 2013: No institution shall be so notified unless—\n(A) it has been established or constituted by or under any Central or State Act other than this Act or the previous Companies Law; or \n(B) not less than fifty-one per cent of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments. \nIn the instant case, the major shareholders holding paid-up share capital in Rural Development Fin. Corp. Ltd. by the Central Government and State Governments is 68% (i.e. Central Government: 26%, State of Maharashtra: 18% and State of Tamilnadu: 24%), hence it will be regarded as ‘Public Financial Institution’ under the Companies Act, 2013. \nBy virtue of Section 2(72) of the Companies Act, 2013, the following institutions are to be regarded as public financial institutions: \n(i) the Life Insurance Corporation of India, established under the Life Insurance Corporation Act, 1956; \n(ii) the Infrastructure Development Finance Company Limited, \n(iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002; \n(iv) institutions notified by the Central Government under section 4A(2) of the Companies Act, 1956 so repealed under section 465 of this Act; \n(v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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