Section 185 of companies act

Co Act 2013 349 views 3 replies

Please help me resolve the following doubts in relation to section 185: 

1. Are all kind of credit sales to director covered under "Book Debt"?

2. For the purposes of this section, the expression “to any other person in whom director is interested” means—

(a) any director of the lending company, or of a company which is its holding company or any partner or relative of any such director;

(b) any firm in which any such director or relative is a partner;

(c) any private company of which any such director is a director or member;

(d) any body corporate at a general meeting of which not less than twentyfive per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or

(e) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company.

Here, does the term 'such director' include director of holding company as well, as per clause (a)?

Replies (3)
Yes. It will
yes, it seems to be
Yes Director of Holding is covered and reference in subsequent clauses includes Director of H Co.


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