Applicability of Sec 297

A Ltd is a Public Ltd Company with a paid up capital of Rs. 1 crore.B Ltd is a Private Limited Company.Mr X is a Director of A Ltd and a Shareholder in B Ltd. A Ltd gives a Corporate Guarantee to a Financial Institution towards the repayment of Loan by B Ltd.

Whether the provisions of Sec 297 are attracted? 

Replies (3)

SECTION 297 IS NOT ATTRACTED , THIS CASE DEPEND ON SECTION 295

 

Dear Mr. Rao,

 

As per my opinion, provisions of Section 297 of the Companies will not be attracted in your case.

 

This is for your information, please.

 

Regards, 

The mentioned transaction falls under the purview of

Section 295 - Loans to Directors and other specified persons.

Section 372(A) - Intercorporate Loans and Investments.

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