auditor
110 Points
Joined March 2007
Hi Shibin,
Nice to meet you. The answer to your question is as follows:
a) As said by Hitesh, It is correct that no company is entitled to make any loan or give a guarantee or provide security from / to its directors (in brief).
b) but the same will not be applicable in the following cases:
i) if the company is a private limited or
ii) the company obtains prior approval from the Central Government.
iii) if the company is a banking company.
iv) As far as the amount of loan, i dont think there any limit in the amount
of loan to be taken.
Recap, any company can make a loan to the directors, with the prior approval from the central government. Whether approval wil be given or not is a different issue.
That is what Section 295 speaks about.
But as far as company's limitation to take loan from directors, it can go for a loan from directors with no limit.
In case you still have any doubt keep visiting my blog. More elobarated explanation wil be posted on my blog.
https://www.vrnanda.blogspot.com/
just give me a post when ever you get any query.
Regards,
V R Nanda