Loan to/from directors

217 views 3 replies

what is the quantum limit for a pvt limited firm to give as well as recieve a loan from its directors kindly explain it clearly what has been mentioned in section 185 and 186

Replies (3)
Sec 185 is concerned with Loan/Gaurantee/security to director and to any other person in whom the director is interested whereas Sec 186 dealt with Inter corporate deposit (ICD).
Originally posted by : sagar parakh
Sec 185 is concerned with Loan/Gaurantee/security to director and to any other person in whom the director is interested whereas Sec 186 dealt with Inter corporate deposit (ICD).

what is the limit

1) For giving loan - please check applicability of section 185 because if your pvt. ltd is small and other body corporate does not hold share in your company or your borrowing is not exceeding double of paid up share capital then, section 185 would not apply
but if section 185 applies then loan, security, guarantee is strictly prohibited
2) now if talk about section 186, - you can give loan to those THIRD PARTIES IN WHICH DIRECTOR IS NOT INTERESTED and that too within the limit specified in section 186 . If loan is going beyond the limit then special resolution in general meeting will be required.

DISCLAIMER- This is my opinion, please consult your legal advisor before taking any decision .

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details