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Loan to directors

Runel Saxena ACS (company secretary) (58 Points)

18 December 2013

Pls provide a draft special resolution u/s-185 loan to directors of companies act ,2013 applicable from 12.09.2013 & the descripttion of the section mentioned above.

Thanks a lot in advance

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Ajay Mishra (Company Secretary) (74337 Points)
Replied 18 December 2013

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF (NAME OF THE COMPANY) HELD AT THE REGISTERED OFFICE OF THE COMPANY AT (ADDRESS) ON (DATE) AT (TIME)

The board was informed that a request has been received to make loan (s) and/or give guarantee(s)/provide any security(ies) in connection with loan(s) made to and/or acquire by way of subscripttion, purchase or otherwise the securities by a sum not exceeding to Rs._____________ (Amount in words) in aggregate as mentioned against them in one or more tranches to meet their business requirement. The Board discussed the matter and passed the following resolution: -

“RESOLVED THAT pursuant to the provisions of Section185 and other applicable provisions, if any, of the Companies Act, 2013 or subject to such modification and re-enactment thereof, consent of the Board of directors of the Company be and is hereby accorded for making of unsecured loan not exceeding to Rs._____________ (Amount in words) to the following person/ individual/ proprietorship concern/ partnership firm, in one or more tranches, and on such other terms and conditions as may be mutually agreed between the both parties :

Name of the person/individual /proprietorship concern	Amount in Rs.

"FURTHER RESOLVED THAT (Name of the person(s) authorized) be and are hereby severally authorized to do all such acts ,deeds and things as may be required to give effect to this resolution.”

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Runel Saxena ACS (company secretary) (58 Points)
Replied 18 December 2013

thank u sir.

Syam Kamal (Company Secretary) (66 Points)
Replied 19 December 2013

Loan can be given only to Managing or WTD as per Sec 185 of the Act and that too only if the loan is extended as per the terms of service to all its employees or pursuant to any scheme approved by the members in general meeting. Loan can not be given to any other directors.