Loans By Company Applicable to Pvt Co in Companies Act, 2013

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Sneha (Company Secretary) 18 September 2013

Presently provisions of Section 372A of Companies Act 1956 relating to Inter-corporate loans and investments are not applicable to private companies

However, now corresponding new Section 186 of Companies Act 2013 relating to Loan and investment by company. (which is yet to be made effective) has taken away such exemption from private companies Compliance on the part of private companies will increase substantially.

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Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) 18 September 2013

Also, Sneha, as pointed out by learned Mr. P.C.Agrawal in this forum,private companies cannot give loans to directors except under special cases under section 185.

Regards,

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Ajay Mishra (Company Secretary) 18 September 2013

Good ovservation Sneha......

The private company ans wholly owned subsidiary words has be deleted under section 186 of new CA, 2013 in comparission to section 372A of the CA, 1956.

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