Hi Friends,
Can a Board of Directors of a company delegate the power to one of its committee to take advances from it holding Company for the purpose of investment in land?
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Advances from holding company
Replies (3)
Hi,
As per my understanding the board of directors of your subsidiary Company:
1. want to take loan from its holding.
2. want to delegate power to one of its committee.
3. want to invest the money in land.
According to me this delegation is possible. But terms of reference of such committee must include such power. Finance committee is an appropriate name for such committee.
Regards
Hi
The Board is planning to enter into agreements / MOU with the Holding Company. The main features of the agreement are:
the Subsidiary Company will purchase lands which will be developed by the Holding Company. The Holding Company will mobilize the fund required for the purchase.
Therefore, the advances to be given is not be considered as loan.
The Board of the Subsidiary Company wants to authorise the executive committee to take advances from the holding company for this purpose.
Kindly guide
Hi
As per section 295 Holding company can give loan to its subsidiary and under section 292 can give authority to board committee of directors to invest the fund of the company.
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