25 April 2017
Yes , as per the provisions of section 186 of the Companies act 2013, a private Company can accept the Loan from other Private Company upto 60% of paid up share capital , free reserves , securities premium or 100% of free reserves , whichever is higher subject to approval of Board of Director and if the limit exceeds the treshold limit, then by passing Special Resolution in General Meeting.Provided that the Directors of both the Private Company shall not be common
25 April 2017
Thank you
Section 186 have mentioned this limit for giving loans to body corporate...I didn't found any provisions for accepting the loans from body corporate in that section. Can u solve the doubt ?
10 August 2024
Yes, a private company can accept loans from another private company, but this transaction is subject to various regulatory and compliance requirements under the Companies Act, 2013. Here’s how it works:
### **Regulatory Framework under the Companies Act, 2013**
1. **Section 186: Loans and Investments by Company** - **Section 186** of the Companies Act, 2013 primarily governs the provisions related to loans, guarantees, and investments by a company. While this section provides limits and conditions for a company giving loans to other entities, including body corporates, it also implicitly covers the acceptance of loans. - **Subsection (2)** of Section 186 restricts the company from providing loans to other companies or entities, except in the ordinary course of business or with the prior approval of the Board of Directors and shareholders in certain cases. However, it does not explicitly address the acceptance of loans.
2. **Acceptance of Loans** - **Private Companies** can accept loans from other private companies. However, both the lending and borrowing companies must comply with the provisions applicable to such transactions under the Companies Act, 2013 and any other relevant regulations. - The terms of the loan agreement should be properly documented, and the transaction should be conducted at arm's length to ensure compliance with legal standards and avoid potential issues.
3. **Compliance Requirements:** - **Board Approval:** Ensure that the transaction is approved by the Board of Directors of both the lending and borrowing companies. - **Shareholder Approval:** If the transaction is significant or exceeds certain limits, it may require shareholder approval by passing a special resolution. - **Disclosures:** Both companies must disclose the loan transactions in their financial statements as per the disclosure requirements under the Companies Act. - **Interest and Terms:** The loan agreement should specify the terms of the loan, including interest rates and repayment schedules. The terms should be in line with market conditions and comply with any relevant provisions.
4. **Provisions for Public Companies:** - For public companies, Section 186 is more stringent and requires compliance with additional regulatory provisions, including limits on loans and guarantees and disclosure requirements. Private companies, while less regulated, must still adhere to the principles of transparency and proper documentation.
### **Practical Implications**
- **Documentation:** Ensure that the loan transaction is properly documented with a formal loan agreement outlining the terms and conditions. - **Compliance with Limits:** While Section 186 provides limits for loans given by a company, it's crucial to ensure that any borrowing or lending transactions do not breach these limits or other regulatory provisions. - **Arm's Length Principle:** Conduct transactions at arm's length to avoid conflicts of interest and ensure fair dealing.
### **Summary**
In conclusion, a private company can accept loans from another private company, but it must ensure that all regulatory requirements, including proper documentation, board and shareholder approvals (if applicable), and compliance with the Companies Act, 2013, are met. Section 186 mainly governs the provision of loans by companies, but the acceptance of loans should also adhere to legal and regulatory standards.
10 August 2024
Yes, a private company can accept loans from another private company, but this transaction is subject to various regulatory and compliance requirements under the Companies Act, 2013. Here’s how it works:
### **Regulatory Framework under the Companies Act, 2013**
1. **Section 186: Loans and Investments by Company** - **Section 186** of the Companies Act, 2013 primarily governs the provisions related to loans, guarantees, and investments by a company. While this section provides limits and conditions for a company giving loans to other entities, including body corporates, it also implicitly covers the acceptance of loans. - **Subsection (2)** of Section 186 restricts the company from providing loans to other companies or entities, except in the ordinary course of business or with the prior approval of the Board of Directors and shareholders in certain cases. However, it does not explicitly address the acceptance of loans.
2. **Acceptance of Loans** - **Private Companies** can accept loans from other private companies. However, both the lending and borrowing companies must comply with the provisions applicable to such transactions under the Companies Act, 2013 and any other relevant regulations. - The terms of the loan agreement should be properly documented, and the transaction should be conducted at arm's length to ensure compliance with legal standards and avoid potential issues.
3. **Compliance Requirements:** - **Board Approval:** Ensure that the transaction is approved by the Board of Directors of both the lending and borrowing companies. - **Shareholder Approval:** If the transaction is significant or exceeds certain limits, it may require shareholder approval by passing a special resolution. - **Disclosures:** Both companies must disclose the loan transactions in their financial statements as per the disclosure requirements under the Companies Act. - **Interest and Terms:** The loan agreement should specify the terms of the loan, including interest rates and repayment schedules. The terms should be in line with market conditions and comply with any relevant provisions.
4. **Provisions for Public Companies:** - For public companies, Section 186 is more stringent and requires compliance with additional regulatory provisions, including limits on loans and guarantees and disclosure requirements. Private companies, while less regulated, must still adhere to the principles of transparency and proper documentation.
### **Practical Implications**
- **Documentation:** Ensure that the loan transaction is properly documented with a formal loan agreement outlining the terms and conditions. - **Compliance with Limits:** While Section 186 provides limits for loans given by a company, it's crucial to ensure that any borrowing or lending transactions do not breach these limits or other regulatory provisions. - **Arm's Length Principle:** Conduct transactions at arm's length to avoid conflicts of interest and ensure fair dealing.
### **Summary**
In conclusion, a private company can accept loans from another private company, but it must ensure that all regulatory requirements, including proper documentation, board and shareholder approvals (if applicable), and compliance with the Companies Act, 2013, are met. Section 186 mainly governs the provision of loans by companies, but the acceptance of loans should also adhere to legal and regulatory standards.
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