CS Professional Passed
101 Points
Joined December 2011
A Private Company can give loans to its directors and assosiate Companies as provisions of Section 185 are not applicable to a Private Company under section 462 and vide exemption notification of MCA dated 5 June 2015 .
Loan to director are allowed for Private Limited Companies if its fulfill the below mentioned conditions:
1. Body Corporate should not be Shareholder
2. Not borrowed money from Bank/ Financial Institution/ Body Corporate exceeding lower of the following:-
i. Twice its Paid up capital
ii. Rs. 50 Crores
3. No repayment default subsisting of such borrowings at time of giving loan
Note:
Giving of loans/ guarantee/security to Group Companies now possible.