Section 187 — Investments of company to be held in its own name
(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—
1. Subs. by Act 1 of 2018, s. 62, for sub-section (11) (w.e.f. 7-5-2018).
2. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
(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 securi ties 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.
Related sections
- Section 173 — Meetings of Board
- Section 174 — Quorum for meetings of Board
- Section 175 — Passing of resolution by circulation
- Section 176 — Defects in appointment of directors not to invalidate actions taken
- Section 177 — Audit Committee
- Section 178 — Nomination and Remuneration Committee and Stakeholders Relationship
- Section 179 — Powers of Board
- Section 180 — Restrictions on powers of Board
- Section 181 — Company to contribute to bona fide and charitable funds, etc
- Section 182 — Prohibitions and restrictions regarding political contributions
- Section 183 — Powe r of Board and other persons to make contributions to national defence fund,
- Section 184 — Disclosure of interest by director
- Section 186 — Loan and investment by company
- Section 188 — Related party transactions
- Section 189 — Register of contracts or arrangements in which directors are interested
- Section 190 — Contract of employment with managing or whole -time director
- Section 191 — Payment to director for loss of office, etc., in connection with transfer of undertaking,
- Section 192 — Restriction on non-cash transactions involving directors
- Section 193 — Contract by One Person Company
- Section 194 — [Prohibition on forward dealings in securities of company by director or key managerial
- Section 195 — [Prohibition on insider trading of securities.] Omitted by s. 65, ibid. (w.e.f. 9-2-2018)