Inter corporate loan between related parties

Company A gives loan to Company B for funding purpose. Both companies has Mr. A as common director as well as common shareholder holding 50% Paid up share capital of both the companies. The reason for loan is that Company B is a non-revenue generating company, which is in the stage of research and development. Both are IT companies.

 

What are the implications of this transaction in companies act and income tax act? What to be taken care of in this regard before transaction and remedy if the transaction already is done.

In simple words, is it allowed that loan like above to be given, and if yes what are the compliances to be followed. If no what are the remedy available for a loan already given?

Thanks

Replies (2)
Quick Summary
This discussion examines the implications of a loan provided by Company A to a related Company B, where both share common directors and shareholders. It delves into the compliance requirements under the Companies Act, specifically Section 186, and the potential impact on income tax. The conversation seeks to clarify whether such loans are permissible, the necessary procedures to follow, and remedies if a loan has already been issued, including whether interest-free loans constitute a violation.

Section 186: – No company shall directly or indirectly give any loan to any other person or body corporate exceeding 60% of its paid up share capital, free reserves and share premium or 100% of its free reserves and securities premium whichever is more.

Thanks , if it was given without any interest then will it be considered as section 186 violation?

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