1. A related party transaction is a transfer of resources, services or obligations between a company and a related party, irrespective of the price charged. A “transaction” with a related party shall be construed to include single transaction or a group of transactions in a contract.
2. An entity shall be considered as related to company if (i) such entity is a related party under Section 2(76) of the Companies Act, 2013; or (ii) such entity is a related party under applicable accounting standard.
Section 2(76) of the Companies Act, 2013, as referred above, defines Related Party as-
- a director or his relative;
- a key Managerial Personnel or his relative;
- a firm, in which a director, manage 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; [Except advice, directions or instructions given in a professional capacity]
- any person on whose advice, directions or instructions a direct or manager is accustomed to act.[Except advice, directions or instructions given in a professional capacity]
- Any company which is a holding, subsidiary or an associate company of such company; or a subsidiary of a holding company to which it is also a subsidiary.
- a director other than an Independent Director or Key Managerial Personnel of the holding Company or his relative with reference to a Company.
“Relative” : with reference to any person, means who is related to another, if:-
- They are members of a Hindu Undivided Family;
- They are Husband or wife or
- One person is related to another in the following manner, namely:-
- Father, includes step-father
- Mother, includes step-mother
- Son, includes step-son
- Son’s wife
- Daughter’s husband
- Brother, includes step-brother
- Sister, includes step-sister
Related party as per accounting standard - parties are considered to be related if at any time during the reporting period one party has the ability to control the other party or exercise significant influence over the other party in making financial and/or operating decisions.