CS
2930 Points
Joined April 2016
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