Section 83:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
83. Subsidiary may not hold shares in holding company
(1) Subject to this section, a subsidiary shall not hold shares in its holding company.
(2) An issue of shares by a holding company to its subsidiary shall be
void.
(3) A transfer of shares from a holding company to its subsidiary shall be
void.
[Issue 1] C35 – 60
Revised Laws of Mauritius
(4) Where a company that holds shares in another company becomes a
subsidiary of that other company—
(a) the company may, notwithstanding subsection (1), continue to
hold those shares; but
(b) the exercise of any voting rights attaching to those shares shall
be of no effect.
(5) Nothing in this section shall prevent a subsidiary holding shares in its
holding company in its capacity as a personal representative or a trustee
unless the holding company or another subsidiary has a beneficial interest
under the trust other than an interest that arises by way of security for the
purposes of a transaction made in the ordinary course of the business of
lending money.
(6) This section applies to a nominee for a subsidiary in the same way as
it applies to the subsidiary.
Sub-Part H – Statement of Shareholders Rights
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Questions this section answers
- Can my subsidiary company hold shares in its own holding company?