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Borrowing limit sec 180 (1) (c) - pls clarify

Co Act 2013 4578 views 2 replies

"As per Section 180(1)(c) of the Companies Act 2013, the board of the directors of a public company shall not borrow moneys, together with the moneys already borrowed by the company (apart from “temporary loans” obtained from the company’s bankers in the ordinary course of business), in excess of the aggregate of the paid-up capital and free reserves of the company, unless it is approved by the shareholders.

Temporary loans are  loans repayable on demand or within six months from the date of the loan such as short-term, cash credit arrangements, the discounting of bills and the issue of other short-term loans of a seasonal character, but does not include loans raised for the purpose of financial expenditure of a capital nature."

Pls clarify the below

1. Whether OCC Limits covered under borrowings

2. Whether BG/LC Limits covered under borrowings

3. Whether Compulsory Convertible Debentures issued covered under borrowings

 

Thanks in advance

Kishore

 

Replies (2)

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OCC & Compulsory convertible debentures are covered under borrowings under the Companies Act 2013 but Bank gurantees are not covered under orrowings


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