PRACTICING CS Jalandhar 9914558709
5155 Points
Joined April 2010
Section 185 specifically rohibits all the company to give any loan/ guarantee/ security to its directors or the persons in whom the director is interested.
Moreover, no company can give any loan to an indiviadual unless and untill it has obtained NBFC Certificate from RBI. Only if it is an NBFC and its ordinary business is to provide loans or guarantees or securities at an interest not less than the RBI rate. Otherwise the same is strictly prohibited in the new Act....
However, a company can invest and provide loan under section 186 to the other corporate.