Explain the reasons in brief for the following statements in the context of practices prevailing under the banking : (ii) A board resolution is obtained by the bank from a company ratifying the excess drawings permitted

CS Professional · Banking - Law and Practice · PYQS · June 2018
Explain the reasons in brief for the following statements in the context of practices prevailing under the banking : (ii) A board resolution is obtained by the bank from a company ratifying the excess drawings permitted to the company, in case drawings in excess of the limit are permitted.

Answer & Explanation:

As per Section 179(3) and 180(1)(c) of the Companies Act, 2013, the power to borrow is vested with the Board of Directors; they should exercise this power by means of resolutions passed at meeting of the Board. Any excess drawings have to be authorised by a board resolution. Otherwise, it will not be binding on the company; Further also it may also not bind the company even if the excess drawings have been liquidated subsequently.

Topics: Banking Law and Practice

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