SlideShare a Scribd company logo
1 of 2
Download to read offline
Related Party Transactions
Introduction and meaning:
Related party transactions (RPTs) are an integral part of any business, as companies often engage in
transactions with parties that have some sort of relationship with the company. The Companies Act
2013 in India defines related parties as directors, key managerial personnel, and their relatives,
companies in which a director or key managerial personnel or their relatives have a substantial
interest, and firms and other entities in which a director is a partner or a member. These transactions
can be in the form of sales, purchases, services, loans, or any other type of agreement.
The Companies Act 2013 has laid down strict rules and regulations for related party transactions to
ensure that they are conducted at arm's length and are in the best interest of the company and its
shareholders. The Act requires companies to disclose any related party transactions in their financial
statements and to obtain prior approval from the Board of Directors and shareholders if required. This
is to ensure that the transactions are fair, reasonable and in the best interests of the company and its
shareholders.
One of the key provisions of the Act is that related party transactions must be conducted at arm's
length. This means that the terms and conditions of the transaction should be no less favourable to
the company than those that would be obtained in an arm's length transaction with an unrelated
party. This is to ensure that the company is not disadvantaged in any way by the related party
transaction.
The Act also requires companies to maintain a register of related party transactions and to disclose
such transactions in the Director's report for each financial year. This is to ensure transparency and
accountability in the related party transactions.
In addition, the Act provides for penalties and disqualification of directors in case of non-compliance
or non-disclosure of related party transactions. This serves as a deterrent for companies and directors
to engage in any unethical or illegal related party transactions. Under the Companies Act 2013 in India,
non-disclosure or non-compliance with the provisions related to related party transactions (RPTs) can
lead to severe penalties for the company and its directors.
The Act provides for the following penalties for non-disclosure or non-compliance with the provisions
related to RPTs:
Fine: The Act provides for a fine of up to INR 5 Lakhs for non-disclosure or non-compliance with the
provisions related to RPTs.
Disqualification of Directors: The Act also provides for the disqualification of directors for a
period of up to 5 years for non-disclosure or non-compliance with the provisions related to RPTs.
Criminal Liability: The Act also provides for criminal liability for the company and its directors in
case of fraud or misfeasance in connection with the RPTs.
Rectification of Register of Members: In case of default in compliance, the company has to
rectify the register of members within 30 days from the date of default.
It's worth mentioning that the Act also provides for the power of the central government to impose
additional penalties or fines in case of non-compliance or non-disclosure of RPTs. Therefore,
companies and their directors need to ensure compliance with the provisions related to RPTs under
the Companies Act 2013 to avoid any penalties or disqualification of directors.
Conclusion:
Related party transactions are an important aspect of any business and the Companies Act 2013 has
laid down strict rules and regulations to ensure that these transactions are conducted at arm's length
and in the best interests of the company and its shareholders. Transparency, fairness and
accountability are the key principles underlying these rules and companies must ensure that they
comply with these provisions to avoid any penalties or disqualification of directors.

More Related Content

Similar to Related Party Transaction.pdf

Limited Liability partnership
Limited Liability partnershipLimited Liability partnership
Limited Liability partnershipShubhamJain482931
 
Difference between LLP, Partnership, and Company
Difference between LLP, Partnership, and CompanyDifference between LLP, Partnership, and Company
Difference between LLP, Partnership, and Companyaneesashraf6
 
Difference between Private Limited Company vs LLP
Difference between Private Limited Company vs LLPDifference between Private Limited Company vs LLP
Difference between Private Limited Company vs LLPSatish Naik
 
Forms of business in india by legal raasta
Forms of business in india by legal raastaForms of business in india by legal raasta
Forms of business in india by legal raastaLegal Raasta
 
Assignment on Business Law in India
Assignment on Business Law in IndiaAssignment on Business Law in India
Assignment on Business Law in Indiaakoijam Machanglen
 
Unit 1 - Related Party Disclosure.pptx
Unit 1 - Related Party Disclosure.pptxUnit 1 - Related Party Disclosure.pptx
Unit 1 - Related Party Disclosure.pptxShaliniKRawani
 
llp registration in india @ http://www.mcaindia.co.in/
llp registration in india @ http://www.mcaindia.co.in/llp registration in india @ http://www.mcaindia.co.in/
llp registration in india @ http://www.mcaindia.co.in/ankitseo25
 
Limited Liability Partnerships (LLP)- An Overview
Limited Liability Partnerships (LLP)- An OverviewLimited Liability Partnerships (LLP)- An Overview
Limited Liability Partnerships (LLP)- An OverviewChhavi Sharma
 
Deloitte flyer-highlights-companies-bills2013
Deloitte flyer-highlights-companies-bills2013Deloitte flyer-highlights-companies-bills2013
Deloitte flyer-highlights-companies-bills2013Uma Krishna
 
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANC
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANC
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCprj_publication
 
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6Resurgent India
 
Chapter 3-the-indian-partnership-act-1932
Chapter 3-the-indian-partnership-act-1932Chapter 3-the-indian-partnership-act-1932
Chapter 3-the-indian-partnership-act-1932prashantjha143
 
LIMITED LIABILITY COMPANY v/s LIMITED LIABILITY PARTNERSHIP
LIMITED LIABILITY COMPANYv/s LIMITED LIABILITY PARTNERSHIPLIMITED LIABILITY COMPANYv/s LIMITED LIABILITY PARTNERSHIP
LIMITED LIABILITY COMPANY v/s LIMITED LIABILITY PARTNERSHIPneha singh
 
Business Law_Companies Act 2013_Assingment_PPT.pptx
Business Law_Companies Act 2013_Assingment_PPT.pptxBusiness Law_Companies Act 2013_Assingment_PPT.pptx
Business Law_Companies Act 2013_Assingment_PPT.pptxKumarGaurav626264
 
01 forms of business organisations (1)
01 forms of  business organisations (1)01 forms of  business organisations (1)
01 forms of business organisations (1)Abhinav Thakur
 
Cl appointed representatives-0114
Cl appointed representatives-0114Cl appointed representatives-0114
Cl appointed representatives-0114Cummings
 
Key Legal Developments of 2018 in India
Key Legal Developments of 2018 in  India Key Legal Developments of 2018 in  India
Key Legal Developments of 2018 in India EquiCorp Associates
 

Similar to Related Party Transaction.pdf (20)

Limited Liability partnership
Limited Liability partnershipLimited Liability partnership
Limited Liability partnership
 
Difference between LLP, Partnership, and Company
Difference between LLP, Partnership, and CompanyDifference between LLP, Partnership, and Company
Difference between LLP, Partnership, and Company
 
Difference between Private Limited Company vs LLP
Difference between Private Limited Company vs LLPDifference between Private Limited Company vs LLP
Difference between Private Limited Company vs LLP
 
lf1-mod-2
lf1-mod-2lf1-mod-2
lf1-mod-2
 
Forms of business in india by legal raasta
Forms of business in india by legal raastaForms of business in india by legal raasta
Forms of business in india by legal raasta
 
Assignment on Business Law in India
Assignment on Business Law in IndiaAssignment on Business Law in India
Assignment on Business Law in India
 
Unit 1 - Related Party Disclosure.pptx
Unit 1 - Related Party Disclosure.pptxUnit 1 - Related Party Disclosure.pptx
Unit 1 - Related Party Disclosure.pptx
 
llp registration in india @ http://www.mcaindia.co.in/
llp registration in india @ http://www.mcaindia.co.in/llp registration in india @ http://www.mcaindia.co.in/
llp registration in india @ http://www.mcaindia.co.in/
 
Limited Liability Partnerships (LLP)- An Overview
Limited Liability Partnerships (LLP)- An OverviewLimited Liability Partnerships (LLP)- An Overview
Limited Liability Partnerships (LLP)- An Overview
 
Deloitte flyer-highlights-companies-bills2013
Deloitte flyer-highlights-companies-bills2013Deloitte flyer-highlights-companies-bills2013
Deloitte flyer-highlights-companies-bills2013
 
7
77
7
 
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANC
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANC
ETHICAL ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANC
 
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6
FINANCIAL MARKET CONCLAVE – ROAD TO TURN AROUND - COMPANIES ACT, 2013 - Part -6
 
Chapter 3-the-indian-partnership-act-1932
Chapter 3-the-indian-partnership-act-1932Chapter 3-the-indian-partnership-act-1932
Chapter 3-the-indian-partnership-act-1932
 
LLPs.pptx
LLPs.pptxLLPs.pptx
LLPs.pptx
 
LIMITED LIABILITY COMPANY v/s LIMITED LIABILITY PARTNERSHIP
LIMITED LIABILITY COMPANYv/s LIMITED LIABILITY PARTNERSHIPLIMITED LIABILITY COMPANYv/s LIMITED LIABILITY PARTNERSHIP
LIMITED LIABILITY COMPANY v/s LIMITED LIABILITY PARTNERSHIP
 
Business Law_Companies Act 2013_Assingment_PPT.pptx
Business Law_Companies Act 2013_Assingment_PPT.pptxBusiness Law_Companies Act 2013_Assingment_PPT.pptx
Business Law_Companies Act 2013_Assingment_PPT.pptx
 
01 forms of business organisations (1)
01 forms of  business organisations (1)01 forms of  business organisations (1)
01 forms of business organisations (1)
 
Cl appointed representatives-0114
Cl appointed representatives-0114Cl appointed representatives-0114
Cl appointed representatives-0114
 
Key Legal Developments of 2018 in India
Key Legal Developments of 2018 in  India Key Legal Developments of 2018 in  India
Key Legal Developments of 2018 in India
 

More from Online Chartered

Benefits of Portfolio diversification
Benefits of Portfolio diversificationBenefits of Portfolio diversification
Benefits of Portfolio diversificationOnline Chartered
 
How RERA Project Registration Promotes Transparency in the Real Estate Sector...
How RERA Project Registration Promotes Transparency in the Real Estate Sector...How RERA Project Registration Promotes Transparency in the Real Estate Sector...
How RERA Project Registration Promotes Transparency in the Real Estate Sector...Online Chartered
 
RERA Project Registration In Gujarat.pdf
RERA Project Registration In Gujarat.pdfRERA Project Registration In Gujarat.pdf
RERA Project Registration In Gujarat.pdfOnline Chartered
 
Refunds Under GST - Online Chartered (1).pdf
Refunds Under GST - Online Chartered (1).pdfRefunds Under GST - Online Chartered (1).pdf
Refunds Under GST - Online Chartered (1).pdfOnline Chartered
 
suspensin of gst registration.pdf
suspensin of gst registration.pdfsuspensin of gst registration.pdf
suspensin of gst registration.pdfOnline Chartered
 
Procedure for the conversion of partnership firm into llp converted
Procedure for the conversion of partnership firm into llp convertedProcedure for the conversion of partnership firm into llp converted
Procedure for the conversion of partnership firm into llp convertedOnline Chartered
 

More from Online Chartered (8)

Benefits of Portfolio diversification
Benefits of Portfolio diversificationBenefits of Portfolio diversification
Benefits of Portfolio diversification
 
How RERA Project Registration Promotes Transparency in the Real Estate Sector...
How RERA Project Registration Promotes Transparency in the Real Estate Sector...How RERA Project Registration Promotes Transparency in the Real Estate Sector...
How RERA Project Registration Promotes Transparency in the Real Estate Sector...
 
RERA Project Registration In Gujarat.pdf
RERA Project Registration In Gujarat.pdfRERA Project Registration In Gujarat.pdf
RERA Project Registration In Gujarat.pdf
 
loans by company.pdf
loans by company.pdfloans by company.pdf
loans by company.pdf
 
GTA SERVICES.pdf
GTA SERVICES.pdfGTA SERVICES.pdf
GTA SERVICES.pdf
 
Refunds Under GST - Online Chartered (1).pdf
Refunds Under GST - Online Chartered (1).pdfRefunds Under GST - Online Chartered (1).pdf
Refunds Under GST - Online Chartered (1).pdf
 
suspensin of gst registration.pdf
suspensin of gst registration.pdfsuspensin of gst registration.pdf
suspensin of gst registration.pdf
 
Procedure for the conversion of partnership firm into llp converted
Procedure for the conversion of partnership firm into llp convertedProcedure for the conversion of partnership firm into llp converted
Procedure for the conversion of partnership firm into llp converted
 

Recently uploaded

Strengthening Financial Flexibility with Same Day Pay Jobs.pptx
Strengthening Financial Flexibility with Same Day Pay Jobs.pptxStrengthening Financial Flexibility with Same Day Pay Jobs.pptx
Strengthening Financial Flexibility with Same Day Pay Jobs.pptxSnapJob
 
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...AmilbabaAstrologer
 
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...mahreenmaher80
 
An Overview of its Importance and Application Process
An Overview of its Importance and Application ProcessAn Overview of its Importance and Application Process
An Overview of its Importance and Application ProcessNicholasBlake15
 
Chatbot Software Solutions Providers.pdf
Chatbot Software Solutions Providers.pdfChatbot Software Solutions Providers.pdf
Chatbot Software Solutions Providers.pdfMeon Technology
 
Do retractable pergolas offer value for money?
Do retractable pergolas offer value for money?Do retractable pergolas offer value for money?
Do retractable pergolas offer value for money?Bahamas Pergola
 
LAWRENCE BANDASOA TABASE funeral brochure
LAWRENCE BANDASOA TABASE funeral brochureLAWRENCE BANDASOA TABASE funeral brochure
LAWRENCE BANDASOA TABASE funeral brochureKweku Zurek
 
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdf
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdfLauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdf
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdfmuskangarage902
 
How Do Experts In Edmonton Weigh The Benefits Of Deep Root Fertilization
How Do Experts In Edmonton Weigh The Benefits Of Deep Root FertilizationHow Do Experts In Edmonton Weigh The Benefits Of Deep Root Fertilization
How Do Experts In Edmonton Weigh The Benefits Of Deep Root FertilizationAlberta Arborists
 
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...eagletranslation2
 
Chennai horny girls +919256888236 call and WhatsApp
Chennai horny girls +919256888236 call and WhatsAppChennai horny girls +919256888236 call and WhatsApp
Chennai horny girls +919256888236 call and WhatsAppSHUSMITA Rathore
 
BVI Certificate Attestation Service in UAE
BVI Certificate Attestation Service in UAEBVI Certificate Attestation Service in UAE
BVI Certificate Attestation Service in UAEAttestation On Time
 
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...mahreenmaher80
 
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...israjan914
 
Exploring The Role of Waste Management Dumpster Bags
Exploring The Role of Waste Management Dumpster BagsExploring The Role of Waste Management Dumpster Bags
Exploring The Role of Waste Management Dumpster BagsUmasreeTexplastPvtLt
 
Research call #girl in Ras Al Khaimah 00559736143
Research call #girl in Ras Al Khaimah 00559736143Research call #girl in Ras Al Khaimah 00559736143
Research call #girl in Ras Al Khaimah 00559736143kajalsharma994599
 
Introduction to MEAN Stack What it is and How it Works.pptx
Introduction to MEAN Stack What it is and How it Works.pptxIntroduction to MEAN Stack What it is and How it Works.pptx
Introduction to MEAN Stack What it is and How it Works.pptxQuickwayInfoSystems3
 

Recently uploaded (20)

Strengthening Financial Flexibility with Same Day Pay Jobs.pptx
Strengthening Financial Flexibility with Same Day Pay Jobs.pptxStrengthening Financial Flexibility with Same Day Pay Jobs.pptx
Strengthening Financial Flexibility with Same Day Pay Jobs.pptx
 
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...
Amil baba in Islamabad amil baba Faisalabad 111best expert Online kala jadu+9...
 
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...
NO1 WorldWide Black Magic Specialist Expert Amil baba in Uk England Northern ...
 
An Overview of its Importance and Application Process
An Overview of its Importance and Application ProcessAn Overview of its Importance and Application Process
An Overview of its Importance and Application Process
 
Chatbot Software Solutions Providers.pdf
Chatbot Software Solutions Providers.pdfChatbot Software Solutions Providers.pdf
Chatbot Software Solutions Providers.pdf
 
NevaClad Refresh_Tellerline Slide Deck.pdf
NevaClad Refresh_Tellerline Slide Deck.pdfNevaClad Refresh_Tellerline Slide Deck.pdf
NevaClad Refresh_Tellerline Slide Deck.pdf
 
Do retractable pergolas offer value for money?
Do retractable pergolas offer value for money?Do retractable pergolas offer value for money?
Do retractable pergolas offer value for money?
 
LAWRENCE BANDASOA TABASE funeral brochure
LAWRENCE BANDASOA TABASE funeral brochureLAWRENCE BANDASOA TABASE funeral brochure
LAWRENCE BANDASOA TABASE funeral brochure
 
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdf
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdfLauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdf
Lauch Your Texas Business With Help Of The Best Digital Marketing Agency.pdf
 
A Thought Leader in the Technology.pptx
A Thought Leader in the  Technology.pptxA Thought Leader in the  Technology.pptx
A Thought Leader in the Technology.pptx
 
How Do Experts In Edmonton Weigh The Benefits Of Deep Root Fertilization
How Do Experts In Edmonton Weigh The Benefits Of Deep Root FertilizationHow Do Experts In Edmonton Weigh The Benefits Of Deep Root Fertilization
How Do Experts In Edmonton Weigh The Benefits Of Deep Root Fertilization
 
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...
Errorfree Translation Services and Dubbing Services, Proof-reading Services, ...
 
Chennai horny girls +919256888236 call and WhatsApp
Chennai horny girls +919256888236 call and WhatsAppChennai horny girls +919256888236 call and WhatsApp
Chennai horny girls +919256888236 call and WhatsApp
 
BVI Certificate Attestation Service in UAE
BVI Certificate Attestation Service in UAEBVI Certificate Attestation Service in UAE
BVI Certificate Attestation Service in UAE
 
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...
Amil Baba Kala Jadu Taweez Specialist Black Magic Expert Love Marriage Specia...
 
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...
Best-NO1 kala jadu Love Marriage Black Magic UK Powerful Black Magic Speciali...
 
Exploring The Role of Waste Management Dumpster Bags
Exploring The Role of Waste Management Dumpster BagsExploring The Role of Waste Management Dumpster Bags
Exploring The Role of Waste Management Dumpster Bags
 
NevaClad Refresh_Tellerline Slide Deck2.pdf
NevaClad Refresh_Tellerline Slide Deck2.pdfNevaClad Refresh_Tellerline Slide Deck2.pdf
NevaClad Refresh_Tellerline Slide Deck2.pdf
 
Research call #girl in Ras Al Khaimah 00559736143
Research call #girl in Ras Al Khaimah 00559736143Research call #girl in Ras Al Khaimah 00559736143
Research call #girl in Ras Al Khaimah 00559736143
 
Introduction to MEAN Stack What it is and How it Works.pptx
Introduction to MEAN Stack What it is and How it Works.pptxIntroduction to MEAN Stack What it is and How it Works.pptx
Introduction to MEAN Stack What it is and How it Works.pptx
 

Related Party Transaction.pdf

  • 1. Related Party Transactions Introduction and meaning: Related party transactions (RPTs) are an integral part of any business, as companies often engage in transactions with parties that have some sort of relationship with the company. The Companies Act 2013 in India defines related parties as directors, key managerial personnel, and their relatives, companies in which a director or key managerial personnel or their relatives have a substantial interest, and firms and other entities in which a director is a partner or a member. These transactions can be in the form of sales, purchases, services, loans, or any other type of agreement. The Companies Act 2013 has laid down strict rules and regulations for related party transactions to ensure that they are conducted at arm's length and are in the best interest of the company and its shareholders. The Act requires companies to disclose any related party transactions in their financial statements and to obtain prior approval from the Board of Directors and shareholders if required. This is to ensure that the transactions are fair, reasonable and in the best interests of the company and its shareholders. One of the key provisions of the Act is that related party transactions must be conducted at arm's length. This means that the terms and conditions of the transaction should be no less favourable to the company than those that would be obtained in an arm's length transaction with an unrelated party. This is to ensure that the company is not disadvantaged in any way by the related party transaction.
  • 2. The Act also requires companies to maintain a register of related party transactions and to disclose such transactions in the Director's report for each financial year. This is to ensure transparency and accountability in the related party transactions. In addition, the Act provides for penalties and disqualification of directors in case of non-compliance or non-disclosure of related party transactions. This serves as a deterrent for companies and directors to engage in any unethical or illegal related party transactions. Under the Companies Act 2013 in India, non-disclosure or non-compliance with the provisions related to related party transactions (RPTs) can lead to severe penalties for the company and its directors. The Act provides for the following penalties for non-disclosure or non-compliance with the provisions related to RPTs: Fine: The Act provides for a fine of up to INR 5 Lakhs for non-disclosure or non-compliance with the provisions related to RPTs. Disqualification of Directors: The Act also provides for the disqualification of directors for a period of up to 5 years for non-disclosure or non-compliance with the provisions related to RPTs. Criminal Liability: The Act also provides for criminal liability for the company and its directors in case of fraud or misfeasance in connection with the RPTs. Rectification of Register of Members: In case of default in compliance, the company has to rectify the register of members within 30 days from the date of default. It's worth mentioning that the Act also provides for the power of the central government to impose additional penalties or fines in case of non-compliance or non-disclosure of RPTs. Therefore, companies and their directors need to ensure compliance with the provisions related to RPTs under the Companies Act 2013 to avoid any penalties or disqualification of directors. Conclusion: Related party transactions are an important aspect of any business and the Companies Act 2013 has laid down strict rules and regulations to ensure that these transactions are conducted at arm's length and in the best interests of the company and its shareholders. Transparency, fairness and accountability are the key principles underlying these rules and companies must ensure that they comply with these provisions to avoid any penalties or disqualification of directors.