Dear Sir / Madam,
ABC Pvt Ltd is formed during FY 2018-19. During FY, the Company has given some loans to directors. The directors were not aware of provisions of Section 185 of Companies Act that the Pvt Ltd company can not give loans to its Directors. That means the Company has violated this provision. Realizing this now, The Directors are ready to repay that amount to the company. This is a genuine case that most of the times the directors of Pvt Ltd company may not be aware of such provisions in very 1st year of the formation of the company.
Can we say now (after receiving above repayment) that the Company has not violated the provisions of Section 185 of Companies? Whether this needs to be reported in Statutory Audit report?
Please Guide
Regards,
Suraj
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Loan to director - section 185 of companies act