Under Section 185 Companies Act 2013 (post-2017 amendment), LOAN TO DIRECTORS (including loan to other persons in whom the director is interested) by a company is:
Answer & Solution
Correct answer: B.
1. Section 185 Companies Act 2013, as SUBSTITUTED by the Companies (Amendment) Act, 2017, deals with loans to directors and related persons.
2. Section 185(1): no company shall directly or indirectly advance any loan / give guarantee / security to its DIRECTORS / DIRECTOR OF HOLDING / partner of director / firm of director / private company in which director is director or member.
3. Section 185(2): a company may give loan/guarantee/security to any person in whom any of the directors is interested SUBJECT TO: (a) special resolution; (b) loan utilised for principal business activities by the recipient; (c) prescribed disclosure of full particulars in the explanatory statement.
4. Section 185(3) exempts loans to MD/WTD as part of conditions of service or scheme, loans by company in ordinary course of business.
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 185 (substituted by Companies (Amendment) Act 2017)_
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