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Loan to director? please reply

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Can company give loan to its director? If yes, under what conditions?
Replies (3)
Refer section 185

No company can directly indirectly give loan to director .
there are few exceptions.

In general Company cannot give Loan to Directors as per provisions of the Companies Act 2013

As per Section 185, a Company cannot give loan to Directors or any other person in whom the directors are interested.

But Company can give loan to Whole time director or its managing director by passing special resolution in general meeting

A holding company can give loan to its wholly owned subsidiary company even if there are common directors.

A Private Company can give loan to its directors if following conditions are satisfied

No other body corporate has invested in that Company

Borrowing from bank or financial institution is less than twice its paid up share capital or 50 crore whichever is less

Company has not defaulted in repayment of the earlier laon

Refere Section 185 read with Notification dated 5th June 2015 and then see section 186 


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