Section 295 and 372A of the Companies Act 1956
Rohan Khandekar, MBA,CCA
(Querist) 06 July 2011
This query is : Open
Dear Professionals
Sec 295 of the Companies Act 1956 does not allow Public Limited Company to give any guarantee to any person , but my question is that our CS says that there is a specific section which states that a Public Limited Company can be a guarantor if the loan is certain % of company's paid up capital.
Sec 372A says that Intercorporate guarantees are permitted under this section, but please clarify Can a Public Limited Company give a guarantee to loans availed by its employees from a Cooperative Bank, if yes under what section of the Companies Act and what are the conditions to be satisfied.
Waiting for reply as our employees have taken Loan/OD facility from a cooperative and the Company is willing to be a Guarantor for the same.
Thanks
