Corporate guarantee

ABC Private Limited intends to give Corporate Guarantee to XYZ Private Limited. However, XYZ Private Limited is a wholly owned subsidiary of a Overseas Foriegn Body Corporate DFG Pte. Ltd.

Query:

  1. Can this above Corporate Guarantee be given without any restriction? If Section 185 of CA 2013 is not fullfilled then will section 186 be applicable?
Replies (2)

Sec 186 is not applicable to a w holly owned subsidiary so a ho holding company can give loan or guarantee to 100% subsidiary

As per the company act a holdi company can give loan or guarantee without following the procedure mentioned in sec 185 but since xyz is  not the subsidiary of ABC and if the guarantee given to xyz exceeds the threshold limit u/s 185 then ABC guarantee must be approved by a special resolution in agm

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