This document consist of draft Board resolution to borrow money in excess of the paid up capital and free reserves of the Company, along with Preamble in editable word format making it handy to use and save time and efforts of a professional.
Chapter: XII
Section: 180(1)(c) and 179(3)
Rule: The Companies (Meetings of Board and its Powers) Rules, 2014
Approximate Time Saving: 1 hour
This document consist of draft Board resolution to borrow money in excess of the paid up capital and free reserves of the Company, along with Preamble in editable word format making it handy to use and save time and efforts of a professional.
Section 180(1)(c)
To borrow money, where the money to be borrowed, together with the money already borrowed by the company will exceed aggregate of its paid-up share capital and free reserves, apart from temporary loans obtained from the company’s bankers in the ordinary course of business
Provided that the acceptance by a banking company, in the ordinary course of its business, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise, shall not be deemed to be a borrowing of monies by the banking company within the meaning of this clause
Explanation.—For the purposes of this clause, the expression “temporary loans” means loans repayable on demand or within six months from the date of the loan such as short-term, cash credit arrangements, the discounting of Acts and the issue of other short-term loans of a seasonal character, but does not include loans raised for the purpose of financial expenditure of a capital nature.
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