Advance to director for purchase of property

can NBFC give advance to its director against the purchase of property ?
Replies (4)
Quick Summary
This discussion explores whether Non-Banking Financial Companies (NBFCs) can offer advances to their directors for property purchases. It examines different scenarios, including advances exceeding or falling below £5 crore, and the necessity of Board of Directors (BoD) approval. The advice suggests that such advances may be permissible depending on the company's Memorandum and Articles of Association, and adherence to Section 185 provisions, particularly if the advance is not from the NBFC's own 'OCB' (Other Business Capital).

Case-1: Advance > 5 Cr with the approval of BoD

Case-2: Advance < 5 Cr without approval of BoD but to be reported to the BoD
As per boards resolutions and dep depending upon the share capital and Anwar of the company which subsequent approval of the existing directors
If it's in the OCB of Nbfc then can be given else provision of section 185 to be followed
No there are other provisions subject to memorandum and articles of association.

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