section 185

Can Private Company Give Loan or Guarantee for Directors Bank Loan?

CA, CS, CMA - Can A Private Company Give Loan Or Guarantee For Director Taking Loan From Bank? Section 185- Loan To Directors, Etc. As per Section 185(1) a company cannot advance any loan, including any loan represented by a book debt to, or give any guarantee or provide any security in connection with any loan taken by any […]...

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Amended Legal Position of Intercorporate Loans | Section 185 & 186

CA, CS, CMA - Inter-corporate loans and investments are important sources of funds for every company. The 2013 Act contains stringent provisions for providing loans to directors and companies in which directors are interested. Additionally, it provides guidance on loans, securities, and guarantees given to subsidiaries. Companies can also make investme...

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All about Section 185 of Companies Act, 2013

CA, CS, CMA - Section 185 explains Provisions under Company Law Related to Direct or Indirect Loan or Advances to Directors by Company.  Loan or advances include loan represented by a book debt, to any of the directors or to any other person in whom the director is interested or give any guarantee or provide any security in connection […]...

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Loan to Director – Companies Amendment Act, 2017

CA, CS, CMA - The Companies (Amendment) Bill, 2017 has proposed significant Amendments to Companies Act, 2013 which includes amendment to Section 185 and 186 of Companies Act, 2013 related to Loans to directors, etc. In this Article I have tried to analyse the proposed amendments to Section 185 and 186 of Companies Act, 2013. ...

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Interpretation of Loan to Directors (sec 185)- An analysis

CA, CS, CMA - The provisions of section 185 prohibits from granting any loans ,giving of guarantees or providing any security for loans advanced to its directors or any other person in whom the director is interested , except in cases where specific exemptions are stipulated in the section....

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Loans & advances to employees – Applicability of Section 185 / 186 of Companies Act, 2013

General Circular No. 04/2015 - (10/03/2015) - The issue has been examined and it is hereby clarified that loans and/or advances made by the companies to their employees, other than the managing or whole time directors (which is governed by section 185) are not governed by the requirements of section 186 of the Companies Act, 2013. This clarific...

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Recent Posts in "section 185"

Can Private Company Give Loan or Guarantee for Directors Bank Loan?

Can A Private Company Give Loan Or Guarantee For Director Taking Loan From Bank? Section 185- Loan To Directors, Etc. As per Section 185(1) a company cannot advance any loan, including any loan represented by a book debt to, or give any guarantee or provide any security in connection with any loan taken by any […]...

Read More
Posted Under: CA, CS, CMA |

Amended Legal Position of Intercorporate Loans | Section 185 & 186

Inter-corporate loans and investments are important sources of funds for every company. The 2013 Act contains stringent provisions for providing loans to directors and companies in which directors are interested. Additionally, it provides guidance on loans, securities, and guarantees given to subsidiaries. Companies can also make investme...

Read More
Posted Under: CA, CS, CMA |

All about Section 185 of Companies Act, 2013

Section 185 explains Provisions under Company Law Related to Direct or Indirect Loan or Advances to Directors by Company.  Loan or advances include loan represented by a book debt, to any of the directors or to any other person in whom the director is interested or give any guarantee or provide any security in connection […]...

Read More
Posted Under: CA, CS, CMA |

Loan to Director – Companies Amendment Act, 2017

The Companies (Amendment) Bill, 2017 has proposed significant Amendments to Companies Act, 2013 which includes amendment to Section 185 and 186 of Companies Act, 2013 related to Loans to directors, etc. In this Article I have tried to analyse the proposed amendments to Section 185 and 186 of Companies Act, 2013. ...

Read More
Posted Under: CA, CS, CMA |

Interpretation of Loan to Directors (sec 185)- An analysis

The provisions of section 185 prohibits from granting any loans ,giving of guarantees or providing any security for loans advanced to its directors or any other person in whom the director is interested , except in cases where specific exemptions are stipulated in the section....

Read More
Posted Under: CA, CS, CMA |

Case Study on Section 185 and Section 186 of Companies Act 2013

Loans and advances are used together and in common parlance deemed to be synonyms of each other but as per various judicial decisions there is a clear line of demarcation between the two terms....

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Posted Under: CA, CS, CMA |

Brief Analysis of Section 185 of the Companies Act, 2013

No Company shall directly or indirectly advance a. any loan or b. loan represented as a book debt or c. guarantee or d. security. to any of its Director or any other person where the Director is interested....

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Posted Under: CA, CS, CMA |

Provisions related to Funding From Company to Company

BACKGROUND: If Promoters are starting a business (Company) or trying to grow an existing business (Company), all certainly will need money. This money can come from various sources. Source of Funding: Roughly speaking, Investments break down into two different forms: Debt and Equity. Debt Funding: Debt means money borrowed from lenders by...

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Posted Under: CA, CS, CMA |

Loan To Directors under Section 185 of Companies Act, 2013

CS Santosh Pandey As per the provision of Section 185 of the Companies Act, 2013- No Company shall directly or indirectly give loan to any of its directors or any other person in whom the director is interested, or provide any guarantee or security in connection with the loan taken by him or other person. […]...

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Posted Under: CA, CS, CMA |

Killer Provisions of The Companies Act, 2013

If economic activity and growth are analogous to a wheel, then provisions of section 185 and 188 of the Companies Act, 2013 are surely analogous to disc brakes!!! Efficiency of production requires efficient choice and free movement of resources. Ideally, economic models assume complete mobility of resources and perfect competition through...

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Posted Under: CA, CS, CMA |

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