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Dhanashree (Lawyer)     22 March 2010

Sec 295, Companies Act, 1956.

Dear All,

Pls let me know:

1) Is Sec 295 of the Companies Act to be read as applicable to " Directors of the Lending Company"?

OR

2) Is Sec 295 of the Companies Act to be read as applicable to " when Lending Company is advancing loan to "B" and Security/ Guarantee is provided by "A" ?


 



Learning

 2 Replies

Manish Singh (Advocate)     22 March 2010

Dear Ms Shree,

if a director is providing any loan to any person in its personal capacity, then the public company in which such director holds the  post can not secure that loan by any means whatsoever. 

 

if lending co is advancing loan and some other co A has guaranteed it, then A must fulfill other criterion as mentioned in the section otherwise the same would attract the applicability of the section.

Dhanashree (Lawyer)     24 March 2010

Yes, the second part of Mr Manish`s answer was what i was looking for. Thank you so much.


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