Loans to related companies require prior special resolution and compliance with prescribed aggregate limits and register obligations. No company may make loans, give guarantees, or provide securities in connection with loans to bodies corporate under the same management unless previously authorised by a special resolution; prescribed percentage thresholds and aggregate ceilings apply for loans to bodies corporate not under the same management. The provision treats loans to firms with a partner that is a related body corporate as loans to that body corporate, defines 'same management' by reference to managerial control, director majorities, shared voting power or majority common shareholding, and requires a register of such transactions with penalties for default, while listing specific statutory exemptions and treating book debts not originally in the nature of loans as outside the section.
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Provisions expressly mentioned in the judgment/order text.
Loans to related companies require prior special resolution and compliance with prescribed aggregate limits and register obligations.
No company may make loans, give guarantees, or provide securities in connection with loans to bodies corporate under the same management unless previously authorised by a special resolution; prescribed percentage thresholds and aggregate ceilings apply for loans to bodies corporate not under the same management. The provision treats loans to firms with a partner that is a related body corporate as loans to that body corporate, defines "same management" by reference to managerial control, director majorities, shared voting power or majority common shareholding, and requires a register of such transactions with penalties for default, while listing specific statutory exemptions and treating book debts not originally in the nature of loans as outside the section.
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