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Q & A

27715 Views 4 Ans

Can subsidiary company give loan, provide security or guarantee in favour of its holding company?

Section 185- Loan to directors, etc.

Posted By: Vishal arora 9 year(s) ago

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    Nilesh Patel

Holding company can give provide security/ guarantee in respect of borrowing of its subsidiary. This is specifically exempted in Rules. For loan to subsidiary, there is no restriction provided clause (a) to (e) is not hit as commented by other members in the topic.

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    sonam

Section 185 will be attracted if there will be a common director in both the holding and subsidiary company. correct me, if I am wrong.

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    Akansha

yes subsidiary can give loan to its holding as law is silent on that

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    SSK

subsidiary can give loan, security, guarantee to its holding company provided 185 (1)(a) to (e) is not hit.

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