Loan to company with common directors

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S Ltd is a private company which is subsidiary of H Ltd (which is also private company holding 80% shares of S Ltd). The companies have directors in common. Can HLtd give loan to S Ltd? If no, what are the ways to give such loan

What are relevant provisions of companies act 2013 applicable in this regard?

Please help

Replies (10)
section 186...... since it is not wholly owned subsidiary.. uh need to follow 186..

But loan to company with common directors is covered u/s 185 (it falls within ambit of specified persons)

 

Please correct me if I am wrong

 

pvt companies exempted from 185.. if they satisfy 3 condition.. refer 5th June notification

Refer the notification as referred above..if H ltd satisfies the same, sec 185 is N.A. and only sec 186 is to be followed......

If it does not satisfy, than Section 185 is to be followed.

Maam what if at time loan is given Sec 185 is not applicable (as per June 2015 notification) but later on it fails to satisfy the condition specified in notification. Do we need to repay back the loan?

 

no........ need to repay

We need to repay the loan??

no need to repay.. you should look the exemption at the time of giving loan.
Originally posted by : RaVi Kiran Vustela
no need to repay.. you should look the exemption at the time of giving loan.

 

Agree

Thank You very much


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