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Section 185 Companies Act 2013: Prohibitions on Loans to Directors & Others

Company Law : "Learn about the prohibitions and restrictions under Section 185 of the Companies Act, 2013, regarding loans to directors, relativ...

July 24, 2023 8550 Views 0 comment Print

Understanding Section 185 of Companies Act 2013: A Comprehensive Overview

Company Law : Among the provisions outlined in the act, Section 185 has garnered substantial attention due to its impact on loans and advances t...

June 24, 2023 4317 Views 0 comment Print

Section 185 of Companies Act, 2013: Exemptions and Examples

Company Law : Explore Section 185 of the Companies Act, 2013, its exemptions, and practical examples. Learn when Section 185 is not applicable, ...

June 12, 2023 27231 Views 0 comment Print

Loan to Directors as per Companies Act 2013

Company Law : Section 185 of the Companies Act 2013 Specifically provides about the Provisions related to Loan to directors by the company. In t...

June 4, 2023 43329 Views 0 comment Print

Section 185 of Companies Act 2013: A Detailed Overview

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...

February 7, 2023 6726 Views 4 comments Print


Latest Judiciary


Section 40A(3): Calcutta HC allows cash Payments to Labourers Under Rs. 20,000

Income Tax : Calcutta High Court ruling states payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disall...

April 12, 2024 3705 Views 0 comment Print

Addition of Notional Interest on Advances to Related Parties Unsustainable due to availability of sufficient interest free funds

Income Tax : ITAT Mumbai held that addition of notional interest on advances to related parties (i.e. the directors and sister concern/related ...

July 18, 2023 1797 Views 0 comment Print

SC held liability to discharge arrears of property tax & water tax inspite of being post-liquidation liability

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...

May 25, 2023 1512 Views 0 comment Print


Latest Notifications


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

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 ...

March 10, 2015 94771 Views 0 comment Print


Provisions related to Funding From Company to Company

June 22, 2016 29122 Views 1 comment Print

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.

Loan To Directors under Section 185 of Companies Act, 2013

October 30, 2015 75539 Views 5 comments Print

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. […]

Killer Provisions of The Companies Act, 2013

August 24, 2015 2100 Views 0 comment Print

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 […]

Exemption from Provisions related to Loan to directors of Private Companies

June 6, 2015 6147 Views 0 comment Print

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 […]

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

March 10, 2015 94771 Views 0 comment Print

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.

Loan To Director under Section 185 of Companies Act, 2013

February 5, 2015 14461 Views 0 comment Print

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

Loan to Directors U/s 185 of Companies Act 2013

January 2, 2015 37560 Views 11 comments Print

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.

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

June 6, 2014 948424 Views 98 comments Print

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.

FAQs on Section 186 of Companies Act 2013

May 11, 2014 82546 Views 7 comments Print

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.

The Companies Act, 2013- Provisions relating to loans and investments

March 22, 2014 58821 Views 0 comment Print

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 […]

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