CS
2942 Points
Joined April 2016
Completely agreed with Ravi Bhai.
As per section 186 of the companies act 2013, Company can give loan to another company by passing board resolution at the Board meeting upto 60% of the paid up capital , free reserve and securities premium or 100% of free reserve or securities premium or free reserves whichever is highrer.
But if company wants to give loan in excess of the above treshold limit , then prior approval of shareholder by passing special resolution is required.
but before approval of board and shareholder as the case may be prior approval of public financial institution is required if any term loan is subsisting.
and the loan given under this section shall not be lower than the intrest rate of 1 , 3, 5 or 10 year govt securities closest to the tenure of the loan.
provided that if loan is given by holding company to its wholly owned subsidiary company in excess of the treshold limit , then no need to pass special resolution . just pass board resolution.
further for lending company , if public , company needs to pass mgt 14 within 30 days of lending of money as per section 179(3) and for borrowing company also if public , company needs to pass mgt 14 within 30 days of board meeting.
and as per section 180(1)(C), for borrowing company if public if company borrow in excess of agregate of paid up share capital , then special resolution within 30 days of general meeting .