Applicability of section 185 of companies act, 2013 to private company

can private company enjoy exemption from section 185 after fulfilling following conditions

(a)Company does not have any other body corporate invested in its share capital;
(b) Company does not have borrowings from banks / financial institutional over two times its paid up share capital or fifty crore, whichever is lower; and
(c) Company has not defaulted in the repayment of such borrowings subsisting at the time of making such transactions under Section 185.
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Summary: Private companies are exempted from Section 185 provided they have no body corporate investors, maintain borrowings below the specified threshold (twice paid-up capital or ₹50 crore, whichever is lower), and have no outstanding loan defaults. Failure to meet these criteria makes the company subject to the standard provisions of Section 185.

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