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    LOAN TO INDIVIDUAL

    Posted By : Trust / Published on : 01-Aug-2019 05:17 AM / View : 760 / Comment : 1

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    Dear member,

    Whether the company can give loan to an individual, who is neither a director nor a related party.

    Kindly Advice.
    Read more on : individual loan

    • Yes, a company can give a loan to an individual who is neither a director nor a related party, subject to certain conditions. The provisions related to giving loans by a company are governed by Section 185 of the Companies Act, 2013.

      As per Section 185, a company cannot directly or indirectly give any loan, guarantee, or security to any person if that person is a director of the company or a relative of the director, or a firm in which the director or relative is a partner, or a private company in which the director is a director or member.

      However, if the person is not covered under the above mentioned categories, then the company can give a loan to that person. But, the company has to comply with the provisions of Section 186 of the Companies Act, 2013, which provides the conditions for giving loans, investments, and guarantees by a company.

      Some of the key conditions that need to be met are:

      1. The loan should be given within the borrowing limits of the company.
      2. The loan should be approved by a resolution passed at a meeting of the board of directors.
      3. The company should charge an interest rate not lower than the prevailing yield of one-year, three-year, five-year or ten-year government security closest to the tenor of the loan.
      4. The terms and conditions of the loan should be disclosed in the financial statements of the company.

      Therefore, if the company meets the conditions of Section 186, it can give a loan to an individual who is not covered under the categories mentioned in Section 185.

      10-04-2023 / 12:03:09 PM
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