Company Law : "Learn about the prohibitions and restrictions under Section 185 of the Companies Act, 2013, regarding loans to directors, relativ...
Company Law : Among the provisions outlined in the act, Section 185 has garnered substantial attention due to its impact on loans and advances t...
Company Law : Explore Section 185 of the Companies Act, 2013, its exemptions, and practical examples. Learn when Section 185 is not applicable, ...
Company Law : Section 185 of the Companies Act 2013 Specifically provides about the Provisions related to Loan to directors by the company. In t...
Company Law : Section 185 of the Companies Act is like a rule book that tells grown-ups who run big lemonade stands (called companies) what they...
Income Tax : Calcutta High Court ruling states payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disall...
Income Tax : ITAT Mumbai held that addition of notional interest on advances to related parties (i.e. the directors and sister concern/related ...
Corporate Law : Conclusion: Arrears of property tax and water tax until the date of confirmation of sale, i.e., 04.07.2003, would qualify as the e...
Company Law : The issue has been examined and it is hereby clarified that loans and/or advances made by the companies to their employees, other ...
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 the company and it pay the interest on that investment. Companies are required to repay the money with interest over time.
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. […]
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 throughout the world, both of […]
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 borrowings […]
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 such loans/advances to employees are in accordance with the conditions of service applicable to employees and are also in accordance with the remuneration policy, in cases where such policy is required to be formulated.
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, गारंटी या सिक्यूरिटी देने से मना किया गया है यह धारा काफी DEBATABLE है क्योकि इस धारा के ORIGINAL सेंटेंस को पढने से ऐसा लगता है की कंपनी किसी ऐसे कंपनी को भी लोन दे सकती है जिसमे डायरेक्टर इंटरेस्टेड है यदि धारा 186 के प्रावधानों का पालन कर लिया जाता है तो. क्योकि धारा 185 की शुरुवात इस प्रकार है
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.
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.
What types of specified transactions are covered under the Section? Ans. Section 186 covers 3 types of specified transactions entered into by a company directly or indirectly: a) Loans to any person or other body corporate; b) Guarantee or security given in connection with a loan to any other body corporate or person; and c) Acquisition by way of subscription, purchase or otherwise, the securities of any other body corporate.
G S Rao Introduction: Inter corporate loans and investments play a vital role in the growth of Industries since they result in flow of funds to group companies or other companies in need of funds. In the Companies Act, 1956 Section 372-A deals with inter corporate loans and investments. In 1998 to give free hand […]
