Company loans and investments are subject to layered limits, board approval, disclosure, interest floors and register requirements. Aggregate loans, guarantees, securities acquisitions and investments are capped at the greater of sixty per cent of paid-up share capital plus free reserves and securities premium account, or one hundred per cent of free reserves and securities premium account; amounts exceeding those caps require prior authorisation by a special resolution, with exemptions for wholly owned subsidiaries and joint ventures. Such transactions must be sanctioned by a board meeting resolution with consent of all directors present, obtain prior approval of a concerned public financial institution where a term loan subsists (subject to exceptions), and be disclosed in the financial statements and maintained in a prescribed register.
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Provisions expressly mentioned in the judgment/order text.
Company loans and investments are subject to layered limits, board approval, disclosure, interest floors and register requirements.
Aggregate loans, guarantees, securities acquisitions and investments are capped at the greater of sixty per cent of paid-up share capital plus free reserves and securities premium account, or one hundred per cent of free reserves and securities premium account; amounts exceeding those caps require prior authorisation by a special resolution, with exemptions for wholly owned subsidiaries and joint ventures. Such transactions must be sanctioned by a board meeting resolution with consent of all directors present, obtain prior approval of a concerned public financial institution where a term loan subsists (subject to exceptions), and be disclosed in the financial statements and maintained in a prescribed register.
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