Loans to employees restricted under companies act 2013!

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)   (8229 Points)

15 April 2014  

Section 186(2)(a) of CA 2013 restricts loans to 'any person' (which includes employees also).  It means following formalities will have to be completed for giving loans to employees:

 

1) Board resolution u/s 186(5) with cnsent of all directors  - only in Board meeting (not by circulation)

2) Prior approval of members by special resolution if the limit specified in Sec.186(2) is exceeded

3) Disclosure in financial statements [Sec.186(4)]

4) Prior approval of financial institutions in case of default [Sec.186(5)]

5) Rate of interest to be as per Sec.186(7)

6) No loan in case of default in deposits [Sec.186(8)]

7) Entry in loan register [Sec.186(9)]

etc. etc.