ajay solanki (6 Points)
21 February 2019
Sarath Rajendran
(Nil)
(2791 Points)
Replied 21 February 2019
In accordance with section 185 of the 2013 Act, a company cannot, directly or indirectly, give any loan, including loan represented by a book debt, to any of its directors or to any other person in whom the director is interested or give any guarantee or provide any security in connection with any loan taken by him or such other person.
Giridhar S Karandikar
(Team Lead)
(7553 Points)
Replied 21 February 2019
Priya Garg
(850 Points)
Replied 22 February 2019
Hello
As per section 185(2) of the companies act 2013
A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that—
(a) a special resolution is passed by the company in general meeting
(b) the loans are utilised by the borrowing company for its principal business activities.
Explanation.—For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means—
(a) any private company of which any such director is a director or member;
(b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or
(c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company
Regards
ACS Priya Garg
CAclubindia
