Loans to employees restricted under companies act 2013!

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Section 186(2)(a) of CA 2013 restricts loans to 'any person' (which includes employees also).  It means following formalities will have to be completed for giving loans to employees:

 

1) Board resolution u/s 186(5) with cnsent of all directors  - only in Board meeting (not by circulation)

2) Prior approval of members by special resolution if the limit specified in Sec.186(2) is exceeded

3) Disclosure in financial statements [Sec.186(4)]

4) Prior approval of financial institutions in case of default [Sec.186(5)]

5) Rate of interest to be as per Sec.186(7)

6) No loan in case of default in deposits [Sec.186(8)]

7) Entry in loan register [Sec.186(9)]

etc. etc.

 

Replies (1)
Thank you sir for useful information.

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