: Understanding Section 186 – Loans and Investments by Companies

Learn compliance rules under Section 186 for loans, investments, and guarantees.

Section 186 of the Companies Act governs inter-corporate loans, investments, and guarantees. Non-compliance may lead to heavy penalties for companies and directors.

Approval Requirements: All such transactions need Board approval. If limits are exceeded, a special resolution is required.

Limits: Cannot exceed 60% of paid-up share capital + free reserves + securities premium, or 100% of free reserves + securities premium, whichever is higher.

Interest Rate Rule: Loans must not be given below the prevailing yield of government securities.

Exemptions: Wholly-owned subsidiaries and joint ventures may have relaxed conditions.

Companies must monitor inter-corporate transactions closely and ensure board/shareholder approvals are documented.


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