Exemption to private companies -sec 185
This query is : Resolved
16 November 2017
The exemption notification permitting private companies for granting loans, subject to the conditions is as follows:
a) No other body corporate shareholder in the lending company;
(b) if the borrowings of such a company from banks or financial institutions or anybody corporate is less than twice of its paid-up share capital or fifty crore rupees, whichever is lower and
(c) Such a company has no default in repayment of such borrowings subsisting at the time of making transactions
Query :
The condition of borrowings less than twice of paid up share capital or fifty crore rupees, whichever is lower – does this condition to be fulfilled only at that time of making such transaction (read along with condition no. (c)) or does the time limit for condition (b) should be satisfied during any point of time until such borrowings clear to avail the exemption granted to private companies
a) No other body corporate shareholder in the lending company;
(b) if the borrowings of such a company from banks or financial institutions or anybody corporate is less than twice of its paid-up share capital or fifty crore rupees, whichever is lower and
(c) Such a company has no default in repayment of such borrowings subsisting at the time of making transactions
Query :
The condition of borrowings less than twice of paid up share capital or fifty crore rupees, whichever is lower – does this condition to be fulfilled only at that time of making such transaction (read along with condition no. (c)) or does the time limit for condition (b) should be satisfied during any point of time until such borrowings clear to avail the exemption granted to private companies
CS Mitesh Mehta
(Expert)
17 November 2017
The condition need to be satisfied at the time of borrowing.
17 November 2017
(b) should be read along with (c) since combined with 'and' meaning thereby to be
full filled at the time of making the transaction.
full filled at the time of making the transaction.
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