Related Party Transactions- Section 188

RELATED PARTY [Sec 2 (76)]

“Related Party”, with reference to a Company, means:

  • A director or his relative;
  • A key managerial personnel or his relative;
  • A firm, in which a director, manager or his relative is a partner;
  • A private company in which a director or manager or his relative is a member or director;
  • A public company in which a director or manager is a director and holds along with his relatives, more than two per cent. of its paid-up share capital;
  • Any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager;(other than advice, directions or instructions given on professional capacity.)
  • Any person on whose advice, directions or instructions a director or manager is accustomed to act:
    (other than advice, directions or instructions given on professional capacity.)
  • Any company which is—
    (A) a holding, subsidiary or an associate company of such company; or
    (B) a subsidiary of a holding company to which it is also a subsidiary;
  • Such other person as may be prescribed.
  • A director (other than an independent director) or key managerial personnel of the holding company or his relative with reference to a company. (Rule 3)
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