Loans taken or given by companies

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whether a pvt ltd company can take unsecured loans or give loans and advances to its sister concern.which conditions should be considered?
Replies (4)
Please sir now as per company act 2013 it is not allow to take loan from unsecured person so consider the provision of the Act

 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.

You will need to check Section 185 and Section 186 about its applicability. Please also check rules.

Yes pratik you are right


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