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section 295

This query is : Resolved 

15 October 2010
a public ltd. co. provides a corporate guarantee on behalf of a private ltd co. having a common directorship

whether it can be considered as a indirect loan u/s 295 (1) (c) and required a CG approval.

or whether it comes u/s 372A (1)(b)

or whether the co. has to comply the provisions of both this sections

pl reply as it is very urgent

Thanks

17 October 2010 Section 295(1)(c)attracts unless covered under section 295 (2)(c).
Since there are common directors,as per my understanding, section 372A(1)(b) does not apply.


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