Company Law : Step-loans can unintentionally violate Section 185 by creating indirect loans to directors. Companies often overlook how layered t...
Company Law : Section 185 of Companies Act, 2013 goes beyond just regulating loans to directors—it encompasses a broader spectrum of transacti...
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, ...
Income Tax : The ITAT Delhi held that undisclosed income declared under IDS-2016 but unpaid within prescribed time must be taxed in the year of...
Income Tax : The dispute concerned cancellation of IDS benefits due to non-payment. The Tribunal held that once IDS lapses, undisclosed income ...
Income Tax : The ITAT Mumbai deleted Rs. 10.84 crore addition made under Section 68, ruling that the assessee had properly documented loans and...
Corporate Law : Bombay High Court quashed reassessment proceedings initiated using data from a valid IDS declaration, holding that once accepted u...
Income Tax : Calcutta High Court ruling states payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disall...
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 ...
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 […]
P C Agrawal Transactions pertaining to loans to be given and to be taken (borrowing) are common in corporate sector. A number of queries are raised from time to time since various laws are involved, such as Companies Act, Income Tax Act, RBI Act (NBFC) etc. A lot of confusion has been created after introduction […]
Many corporate including Pvt Ltd Cos have other related group companies and they transfer money to & from other company as and when require. Stop doing this, even retrospectively from 12th September, 2013 as these can be treated as interest free loan u/s 185 of new company law.
Section 185 of the Companies Act, 2013 is applicable on private company as well as public Company. PROHIBITED TRANSACTIONS – No Company advances any loan to its director. No Company advance any loan to any firm in which any such director or relative is a partner;
