resolution u/s 295(1)(e)

This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
20 May 2011 pl. provide the format of Board Resolution u/s 295(1)(e) for giving loan to a company in which MD is common.

20 May 2011 Please refer the book "GUDIE TO COMPANY NOTICES MEETINGS RESOLUTIONS & MINUTES" written by M C Bhandari a Publication by Wadhwa & Company

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
20 May 2011 Bhandari only contains resolution u/s 295(1)(a)which does not seem to be exhaustive

21 July 2025 Here’s a sample Board Resolution under Section 295(1)(e) of the Companies Act, 1956 (now corresponding to Section 186 of Companies Act, 2013) for giving loan to a company in which the Managing Director (MD) is common:

BOARD RESOLUTION
(Under Section 295(1)(e) of the Companies Act, 1956 / Section 186 of Companies Act, 2013)

Date: [Date of Board Meeting]

**“RESOLVED THAT pursuant to the provisions of Section 295(1)(e) of the Companies Act, 1956 (or Section 186 of the Companies Act, 2013) and other applicable provisions, if any, and subject to necessary approvals and compliances, consent of the Board be and is hereby accorded to give a loan / advance / make investment to [Name of Company], in which Mr./Ms. [Name of MD], Managing Director of the Company, is also a director / common MD, up to a maximum amount of Rs. [Amount], on such terms and conditions as the Board may deem fit.

FURTHER RESOLVED THAT the Board hereby authorizes Mr./Ms. [Name], [Designation], to do all such acts, deeds, and things as may be necessary to give effect to this resolution including filing necessary forms with the Registrar of Companies.”**

By Order of the Board
For [Company Name]

[Name]
Chairman / Managing Director

Note:

Under Companies Act, 2013, Section 186 governs loans and investments by companies.

Ensure the transaction is within the limits prescribed and required approvals from shareholders or the Board are obtained as applicable.

Also, MD being common director creates interest; such transactions must be disclosed and approved transparently.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details