Finance/Compliance Consultant
74328 Points
Posted on 08 November 2026
Restricted for public companies:
• Sec 185 (as amended in 2017): a company can't give loans to its directors (or to persons in whom the director is interested), except: (a) loans to MD or WTD as part of conditions of service applicable to all employees, or under a members-approved scheme; (b) companies in the ordinary course of lending business at rates not below the bank rate; (c) loans to "other interested persons" with a special resolution and utilisation for the borrower's principal business.
• For an unlisted public company, an interest-free or low-interest loan to a director is prohibited unless it fits (a).
• Sec 186(7) also requires interest not below government securities yield for loans to bodies corporate or other persons (not directors under 185).
• Income-tax: a loan to a substantial shareholder from a closely held company can be deemed dividend under 2(22)(e).