guarantee on behalf of its wholly owned subsidiary
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Hi,
Yes he can do so as per Companies Act 2013:
Under section 185:
Restrictions of Sub Section (1) and (2) shall not be applicable on following transactions:
(i) as a part of the conditions of service extended by the company to all its employees; or
(ii) pursuant to any scheme approved by the members by a special resolution; or
Conditions:
In case of Guarantee on behalf of the Subsidiary loan made under this clause utilized by the subsidiary company for its principal business activity only.
You may readd following article at Blogs.compliancecalendar.in
https://blogs.compliancecalendar.in/loan-to-subsidiary-wholly-own-subsidiary-under-section-185-companies-act-2013-by-jaya-ahuja-332
In case of corporate guarantee or Guarantee on behalf of Wholly Owned Subsidiaries (WOSs)/Joint Ventures (JVs) abroad
Issue of guarantee by an Indian Party to step down subsidiary of JV / WOS
(a) Indian Parties are permitted to issue corporate guarantees on behalf of their first level step down operating JV /WOS set up by their JV / WOS operating as either an operating unit or as a Special Purpose Vehicle (SPV) under the Automatic Route, subject to the condition that the financial commitment of the Indian Party is within the extant limit. Such guarantees will have to be reported to the Reserve Bank in Form ODI, as hitherto, through the designated AD Category – I bank concerned.
(b) Further, the issuance of corporate guarantee on behalf of second generation or subsequent level step down operating subsidiaries will be considered under the Approval Route, provided the Indian Party indirectly holds 51 per cent or more stake in the overseas subsidiary for which such guarantee is intended to be issued.