A public company is giving loan to a body corporate in which a director of such public company is having 26% of total voting power.
1) can company give loan to such body corporate ?
2).do such director need to disclose its interest..?
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Question sec 184+sec185 do directors need to disclose interest in case of loan ?
Replies (3)
No company can give loan to its Directors unless it is a whole time usual activities of the company to provide loans or to give loan to its wholly owned subsidiary.
Yes, Directors shall have to disclose such interest
Yes, Directors shall have to disclose such interest
But company is not providing loan to its director but to the body corporate and section 184(2) specifies that a company may advance loan or security or guarantee to body corporate provided it have to pass special resolution in gm and if the loan given shall be utilized by the borrowing company for principal business activities
can you clarify ?
can you clarify ?
Yes, in that case company may give loans and advances to body corporate
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