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Companies Act 2013

CA Final 205 views 4 replies
Section 186 and Rules Amended limits for Related Party transactions. For May 2018
Replies (4)
Section 186(2) of the Act,

No Company shall directly or indirectly give any loan to any person or other body corporate, give any guarantee or provide security in connection with a loan to any other body corporate or person and acquire by way of subscripttttion, purchase or otherwise, the securities of any other body corporate :

1.Exceeding 60% of its paid-up share capital plus free reserves plus securities premium account or

2.100% of its free reserves plus securities premium account,

whichever is more
186(1) relates only to disclosure
186(2) relates to disclosure as well as non participation
186(3)-in case loans/guarantees/investments present + proposed exceeds limits in 186(2) prior approval of members by special resolution at general meeting is required AND approval of public financial institutions if applicable where any loan/borrowing from such PFI is o/s.
186(3) shall not apply if loan etc is given to 100% subsidiary/JV or acquisition of 100% Subsidiary

Refer Link https://corporatelawreporter.com/companies_act/section-186-of-companies-act-2013-loan-and-investment-by-company/


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