Clarification on sec. 185 of teh companies act, 2013

Co Act 2013 653 views 3 replies

Dear All,

Before the commencement of the Companies Act, 2013, a Private Company has taken a loan from a Bank and a Public Company had given corporate gurantee in connection with the said loan. At the time of providing the gurantee none of teh directors of both the Company were Common but presently one of the director is common in both the Companies. Since the transaction was before the commencement of Companies Act, 2013, kindly let me know the fate of the aforesaid transaction n lieu of the Section 185 of teh Companies Act, 2013.

Is the Company has contravened the provisions of Sec. 185 of the Companies Act, 2013???

 

 

Replies (3)

NO , Transaction entered before the applicability is not a contravention of sec 185.

What if the revival letter for revival of said loan is signed on current date by both the Companies. Will it be trated as modification of terms & conditions of the existing arrangement?????? 

And will be traeted as transaction in contravention of Sec. 185?????

Not sure but 

No contravention If such modification of terms not resulting into extra flow of funds ,

Only terms and conditions regarding period and mode of payment etc ..need not be in contravention.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details