Section 185 of companies act 2013

Section 185 prohibts loan by company to or guarantee or security for loan taken by:

1.        Directors

2.        Director of holding company

3.        Partners or Relatives of Directors

4.        Firm in which director or relative of director is partner

5.        Pvt. Co. in which director (of lending company) is director or member

6.        Body Corporate in which 25% or more voting power rests with one or more directors (of lending compay)

7.        Body Corporate whose Board act on directions of director/board of lending company.

 

Not covered:

1.      Pvt. Company in which relative of director is director or member

2.      Loan to subsidiary company. There may be some conflict (point 5 above) as directors of subsidiary company may be directors in holding company too.

3.      Loan provided in ordinary course of business at interest (not less than bank rate).

 

No exemption to Pvt. Ltd. Companies. Applicable to all companies including banking companies. 

Replies (4)

One of my client company has given corporate guarantee to another company and directors are same in both companies. What is solution for this company under new companies act 2013 sec. 185?

1. Suppose ABC Pvt Ltd gives garantee on behalf of XYZ (partnership firm) in wihich ABC Pvt Ltd itself play the role of partner. Does ABC Pvt Ltd gives guarantee for the XYZ?

2. Suppose ABC Pvt Ltd gives garantee on behalf of XYZ (partnership firm) in wihich ABC Pvt Ltd itself play the role of partner and one of the director of ABC Pvt. Ltd. is also the partner of XYZ. Does ABC Pvt Ltd gives guarantee for the XYZ?

one of my client want home loan and as per section 185 company cannot be the gurantor and if company takes loan then that money cannot be given to director for personal use. then what is the solution for these?

Respected Sir,

AN NBFC takes inter corporate loan from a private limited/limited concern say company no. 1  @ 12% p.a. and gives it to another private limited/limited say company no. 2 @ 15.30 p.a. Suppose company no. 2 is associate/subsidiary/holding company of No. 1 company or any director of company No.1 is interested in company no. 2 or vice versa. Now query no. 1. is there any violation of rules according to companies act 2013 in giving loan to company no 2 by NBFC by taking loan from company no. 1 ? Now query no. 2 is there any violation of rules according to companies act 2013 if NBFC takes guarantee also from company No. 1 for giving loan to company no. 2?

Thanks in advance,

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