Clarification With Regard To Section 185 And 186 Of The Companies Act 2013 – Loan And Advances To Employees

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Ministry of Corporate Affairs vide General Circular No. 04/2015 has clarified that loans and/or advances made by the Companies to their employees are not governed by the requirements of section 186 of the Companies Act 2013.
India Corporate/Commercial Law

Ministry of Corporate Affairs vide General Circular No. 04/2015, dated 10 March 2015 has clarified that loans and/or advances made by the Companies to their employees, other than the managing or whole time directors (which is governed by section 185) are not governed by the requirements of section 186 of the Companies Act 2013. This clarification will, however, be applicable if such loans/advances to employees are in accordance with the conditions of service applicable to employees and are also in accordance with the remuneration policy, in cases where such policy is required to be formulated.

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