Hello all,
Whether donation given by Non-Resident Indians (NRIs) is treated
as ‘foreign contribution’?
Hello professional,
If a company gives a guarantee to someone, does it require reporting to ROC?
Hello everyone,
If a company gives a guarantee to someone, does it have to report it to ROC?
Hi All,
Whether gifts given by employers to the employee will also qualify as supply under GST?
WHAT ARE THE SECTORAL CAP APPLICABILITY ON INVESTMENTS BY PERSONS RESIDENT OUTSIDE INDIA ?
Click here to view / answer Share it onDear Members,
Greetings to all..
kindly clarify whether a Private Company can give guarantee to a Partnership firm (one of the partners of the fim is the Director in the guarantee given Company). As per section 185 (1) (b) of the Companies Act, 2013 it have restriction to give any loan or guarantee to any firm in which any such director or relative is a partner;
meanwhile Section 186 (2) (b) explains "No Company shall directly or indirectly give any guarantee or provide security in connection with to any other body corporate or person not exceeding the prescribed limit."
clarification required:
whether a company can give guarantee or not? if no under section 185 (1) (b) of the companies Act, 2013 means why the limit of the Guarantee has included "any person or any body corporate" in section 186 (2) (b) of the Companies Act, 2013.
Dear Members,
Earlier the company has authorised through POA to its employes to represent the Company.
Meanwhile, the name of the company has been changed from ABC to XYZ.
name change intimation letter and certificate been circulated to communicate.
but certain Govt. Departments raising the query that the authorisation issued through the POA is in old name.
What could be the best solution ???
It may appear like an Unsecured loan as no charge on the assets of the company, but giving Guarantee from Foreign Holding company for loan is secured to the bank . In case of default , Holding Co will have to pay to the foreign bank on its behalf, and in turn it can claim the payment from subsidiary Indian company; Also find out any counter guarantee or agreement between them.in this respect and its registration.It is Secured Loan, backed by such Guarantee, to the bank .In short , it is secured loan to the Subsidiary Co also. So to avoid it as a .................case, comply the law :
Under FEMA , the Indian Company has to obtain prior RBI permission for getting such guarantee [contingent liability - obligation to pay to the Holding Co against such guarantee.in future]. . Then file the charges with ROC.under the Cos Act.
Dear Members,
The Indian Company has borrowed funds from a Bank situated in India, whereas the Guarantee is extended by the Foreign Holding Company.
Can any one suggest What are all the compliance applicable under Companies Act and FEMA ?
Dear Members,
The Indian Company has borrowed funds from a Bank situated in India, whereas the Guarantee is extended by the Foreign Holding Company.
Can anyone suggest What are all the compliance applicable under the Companies Act and FEMA ??
Can anyone able to access FLA site (FLAIR portal)? Further, is there is any extension given by RBI in respect of filing the return?
Is it necessary that loan given by shareholders to another Company is also from owned fund?