section 185

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

Company Law - 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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Brief Analysis of Section 185 of the Companies Act, 2013

Company Law - 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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Provisions related to Funding From Company to Company

Company Law - 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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Loan To Directors under Section 185 of Companies Act, 2013

Company Law - 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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Killer Provisions of The Companies Act, 2013

Company Law - 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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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"

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....

Read More
Posted Under: Company Law |

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....

Read More
Posted Under: Company Law |

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...

Read More
Posted Under: Company Law |

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. […]...

Read More
Posted Under: Company Law |

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...

Read More
Posted Under: Company Law |

Exemption from Provisions related to Loan to directors of Private Companies

MCA vide notification dated 05/06/2015 titled Exemptions to Private Companies U/s. 462 of CA 2013 has provided that  Restriction on loan to directors provided under section 185 of Companies Act, 2013 shall not apply to following private companies: (a) in whose share capital no other body corporate has invested any money; (b) if the borro...

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Posted Under: Company Law |

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 clarification will, however, be applicable if su...

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Loan To Director under Section 185 of Companies Act, 2013

कम्पनीज एक्ट 2013 की धारा 185(1) के प्रावधानों के अनुसार कंपनी को अपने डायरेक्टर या किसी ऐसे PERSON को जिसमे डायरेक्टर का हित है को लोन, गारंट...

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Posted Under: Company Law |

Loan to Directors U/s 185 of Companies Act 2013

Section 185 is applicable to a public company as well as private company. This section applies to loan etc. given by a company directly or indirectly. Indirectly means company can not give loan through the agency of one or more intermediaries. ...

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Section 185 & 186 of Companies Act, 2013 with Practical Examples

The section 185 of Companies Act,2013 was notified on 12th September 2013 and was applicable from that day itself. If there is any deviation from the conditions laid under this section then the Auditor is required to report the same in his Audit Report. A non qualified report would hold auditor in default. ...

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