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Applicability & violation of section 185 of the companies act, 2013

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Sir/Ma'am, Y Ltd holds 75% of the share capital of X Ltd. , so X Ltd. is a subsidiary of Y Ltd. but not an Wholly Owned Subsidiary. Now , the holding company Y Ltd has granted loans to X Ltd. Rs 1 crs. Is this loan a violation of section 185(C) of the companies (amendment) act,2015 given that there are no common directors between the two companies? Or is this loan exempted/permissable under section 185 of the Companies Act,2013 as it was under section 295 of the companies act,1956? Thanking you in anticipation Mayank Agarwal

Replies (2)

AS per section 185 of companies act 2013, Read with Rule 10 of Meeting of Board And Power rules,

A Company can provide, loan to wholly owned subsidiary ( including Subsidiary also) . provided such loa shall be utilized by subsidiary company for its principal business activities. section 185 is exempted from such a provison. It is not a violation under section 185. And such a loan is permissible under section 185(1) c

Thanks for the prompt response.


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