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Section 186- Loan and investment by company.

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Section 186- Loan and investment by company.

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Hi everyone, Please Clarify -"A"Private limited has taken loan from "B"Private limited which is not related to"A"Private limited. Read More
Hi everyone, Please Clarify -"A"Private limited has taken loan from "B"Private limited which is not related to"A"Private limited. And Now "A"Private limited want to invest in the equity shares of "C" Private company which is related to "A"Private limited i.e. one of the director is common in both private companies -"A" &"C". Can "A"Private limited invest in "C"Private limited? If yes, than upto what limit? Is there any upper limit for authorization by passing SR?

Views (1134)
Posted By: Dhavneesh gupta 9 year(s) ago

Answer

WHOLE SECTION EXPLANATION SIR PROVIDE Read More
WHOLE SECTION EXPLANATION SIR PROVIDE

Views (843)
Posted By: Radhey 9 year(s) ago

Answer

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Views (1122)
Posted By: Sridhar 8 year(s) ago

Answer

Whether provisions of section 186 of the Co Act 2013 are applicable even in case of issue of Optionally convertible debentures? Is Read More
Whether provisions of section 186 of the Co Act 2013 are applicable even in case of issue of Optionally convertible debentures? Is it still possible to issue OCD at zero / nominal coupon rate ?

Views (1088)
Posted By: Vishwas panjiar 10 year(s) ago

Answer

Even as per recent Circular No. 18/2013 dated 19-11-2013, the Ministry of Corporate Affairs has issued a clarification with regard Read More
Even as per recent Circular No. 18/2013 dated 19-11-2013, the Ministry of Corporate Affairs has issued a clarification with regard to applicability of provision of Section 372A of the Companies Act, 1956 on account of number of representations received consequent upon notifying Section 185 of the Companies Act, 2013 dealing with loans to directors which is corresponding to Section 295 of the Companies Act, 1956. It was candidly clarified in the said Circular that Section 372A of the Companies Act, 1956 dealing with inter-corporate loans continue to remain in force till Section 186, of the Companies Act, 2013 is notified.What is the position now as section 186 already notified?

Views (1068)
Posted By: Kamlesh 10 year(s) ago

Answer

Whether loan to employee covered under this section? Whether loan to employee require Board approval? Whether minimum rate of inte Read More
Whether loan to employee covered under this section? Whether loan to employee require Board approval? Whether minimum rate of interest is chargeable for loan to employee. (employee referred here is not director KMP)

Views (4336)
Posted By: Hitender tanwar 10 year(s) ago

Answer

Can a company accept Interest Free Loan from another unrelated Company. Is there be any violation for loan receiver under section Read More
Can a company accept Interest Free Loan from another unrelated Company. Is there be any violation for loan receiver under section 73-76, 186 or any other section. Kindly confirm.

Views (1596)
Posted By: Amit nowlakha 10 year(s) ago

Answer

Can the Board pass a general resolution u/s 186 of Companies Act,2013 specifying the max. amount of loan that can be granted by th Read More
Can the Board pass a general resolution u/s 186 of Companies Act,2013 specifying the max. amount of loan that can be granted by the company to its employees, instead of passing specific board resolution everytime on case to case basis as it creates very much practical difficulties?

Views (1232)
Posted By: Kanika gupta 10 year(s) ago

Answer

Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013? Read More
Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013?

Views (1353)
Posted By: Kanika gupta 9 year(s) ago

Answer

Hi can a private limited 100% subsidiary company can give corporate guarantee to a bank to secure a loan santioned to its holding Read More
Hi can a private limited 100% subsidiary company can give corporate guarantee to a bank to secure a loan santioned to its holding co (private) when all the three directors of both the companies are same/common

Views (774)
Posted By: Anita 9 year(s) ago

Answer

Does salary advance / loan given to employee of the Company falls within the ambit of Section 186? Read More
Does salary advance / loan given to employee of the Company falls within the ambit of Section 186?

Views (1436)
Posted By: Aakanksha 9 year(s) ago

Answer

A Private Limited Company had extended inter-corporate interest free loan for a tenure of 10 years to its Listed Subsidiary Compan Read More
A Private Limited Company had extended inter-corporate interest free loan for a tenure of 10 years to its Listed Subsidiary Company during May 2013. What is the position of such loan under new Act since Section 186 is applicable to Private Limited Company also.

Views (1169)
Posted By: N ramakrishna rao 9 year(s) ago

Answer

As Section 186 includes loan to any person, please clarify is it possible to give loan or advance against salary to any employees Read More
As Section 186 includes loan to any person, please clarify is it possible to give loan or advance against salary to any employees of the company without approval of the Board or without interest ? These advance against salary may be deductible/adjusted from the employees monthly salary over a period of 2-3 years.

Views (1073)
Posted By: Kundan kumar jha 10 year(s) ago

Answer

Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2) Read More
Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2)

Views (1043)
Posted By: Sudhakar raman 9 year(s) ago

Answer

Can a private limited company give loan to its wholly owned subsidiary? Read More
Can a private limited company give loan to its wholly owned subsidiary?

Views (783)
Posted By: Nirupama v 9 year(s) ago

Answer

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Views (1155)
Posted By: Sridhar 8 year(s) ago

Answer

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Views (1132)
Posted By: Sridhar 8 year(s) ago

Answer

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Views (1107)
Posted By: Sridhar 8 year(s) ago

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Q & A

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Section 186- Loan and investment by company.

Section 186- Loan and investment by company.

WHOLE SECTION EXPLANATION SIR PROVIDE Read More WHOLE SECTION EXPLANATION SIR PROVIDE

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013? Read More Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013?

Does salary advance / loan given to employee of the Company falls within the ambit of Section 186? Read More Does salary advance / loan given to employee of the Company falls within the ambit of Section 186?

Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2) Read More Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2)

Can a private limited company give loan to its wholly owned subsidiary? Read More Can a private limited company give loan to its wholly owned subsidiary?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

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WHOLE SECTION EXPLANATION SIR PROVIDE Read More
WHOLE SECTION EXPLANATION SIR PROVIDE

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013? Read More
Does a private company needs to ratify its investments by means of a special resolution u/s 186 of the Companies Act,2013?

Does salary advance / loan given to employee of the Company falls within the ambit of Section 186? Read More
Does salary advance / loan given to employee of the Company falls within the ambit of Section 186?

Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2) Read More
Does an investment by a company into the capital of a partnership firm (not an LLP) attract 186(2)

Can a private limited company give loan to its wholly owned subsidiary? Read More
Can a private limited company give loan to its wholly owned subsidiary?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?

Does section 186(1) of companies act 2013 applicable to inter corporate borrowing? Read More
Does section 186(1) of companies act 2013 applicable to inter corporate borrowing?