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Sec 185 0f companies act (Corporate Law)

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This query is : Resolved

Author : Anonymous

( Author )
07 November 2013

Dear Experts,

Can any one provide the implication of the Sec 185 of companies act on the following transactions/cases.

1. Is Sec 185 attracts on transactions fund transfers between Trust and Pvt ltd company, where Trust and Pvt ltd co having same directors/controlling in both the entities

2. Is Sec 185 attracts only on Loan given to directors ? will it have any implications on Loan taken from Directors by Pvt ltd co?

3. Is there any liability arises on loans u/s 185 where loans given to pvt co and interest as per the bank rate charged.


Ajay Mishra

( Expert )
11 November 2013

Section 185 does not talk about trust. So we can not says anything on it.

It is silent on trust as details in explanation of section 185(1).



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