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Incorporation of a Pvt. Ltd. Group Holding Company


05-Aug-2023 (In Startup Law)
Proposed Corporate Structure Plan ------------------ ABCD Pvt. Ltd. (Parent Group Co.) This company will have various profiles handled by different entities, like legal, IT, media production, e-commerce, etc. Q.1. what should be the legal status of these independent entities/departments? LLP or again as incorporation? What is the best solution? Q.2. Instead of a law firm can we form it as a pvt ltd company? [In this scenario the shareholders will be non advocates along with the advocates] Q.3. Can a practicing CA/CS/Advocate can be: a. Shareholder b. Director c. Executive in a pvt ltd company? OR Can all three be shareholders/partners of the same Co./LLP simultaneously?
Answers (3)

Answer #1
530 votes
Please clarify what you mean by " company will have various profiles handled by different entities, like legal, IT, media production, e-commerce, etc"? Do you mean that these would be the various activities to be undertaken by the company? Based on the braid and vague information provided by you, it may be possible to have a single holding company with several subsidiary entities under its umbrella. The individual entities can be structured based on scope of activities. A CA?CS/Advocate can hold shares but holding a post on whole time executive position may not allow them to practice as professionals. Do get in touch for further help.
Answer #2
805 votes
Answer 1 &2:
ABCD Pvt Limited will be independent and whether you choose to incorporate it as LLP or private limited company, depends on the specific features.
Q.3 - Yes, a practicing advocate can be a shareholder and director but not an executive. He also cannot appear as a counsel for that company.
Answer #3
759 votes
A registered company can undertake as many assignments as it can provided it must be mentioned in its MOA.
As far as involvement of different entities are concerned then that is only possible when all entities are separate of each other. This means, though you can undertake as many assignments as you can under the umbrella of same company but the person concerned to undertake those assignments shall be the same (board of directors). If that is not the case then have separate companies with separate set of entities making those companies either independent of each other or subsidiary of the main company ABCD Pvt Ltd.
A CA and an advocate cannot be a owner of same company despite being in their profession. Either they can be a director in a company or can be a professional. A law firm can have a non advocate as its partner.

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