Can a pvt ltd comapny take a loan from foreign investor(its

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CA PAYAL GUPTA (Querist)
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03 August 2013 my client has planning to take money from foreign investor to set up a new buisness in future. the same is received in currently in the pvt ltd company. the foreigner is just a investor i.e. sleeping partner.
my client has paid up necessary fees for registration of this transcation abou 1.25 lacs.

now my question is.

1. wether a pvt ltd comapny can take a loan from a foreign investor who is not a director, member or relative.

2. what procedure to be followed by the company to take amount from the investor.
3. what document to prepared .
4. which resolution to be passed.
5. can a company first issue the shares to investores and then take a loan is it possibel? because issuing share to him become a shareholder. and then we take money as a unsecured loan.

6. wether tds provision attrated to this.

pls reply as soon as possibel because it is urgent.

thanx in advane.

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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04 August 2013 Here kindly see that FEMA shall come into picture and loan from foreign national or NRI is not allowed unless the ECB norms are complied with.

Anuj
femaquery@gmail.com

CA PAYAL GUPTA

CA PAYAL GUPTA (Querist)
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10 August 2013 i know that fema applicable but my questioned still unanswered.
my client has planning to take money from foreign investor to set up a new buisness in future. the same is received in currently in the pvt ltd company. the foreigner is just a investor i.e. sleeping partner.
my client has paid up necessary fees for registration of this transcation abou 1.25 lacs.

now my question is.

1. wether a pvt ltd comapny can take a loan from a foreign investor who is not a director, member or relative.

2. what procedure to be followed by the company to take amount from the investor.
3. what document to prepared .
4. which resolution to be passed.
5. can a company first issue the shares to investores and then take a loan is it possibel? because issuing share to him become a shareholder. and then we take money as a unsecured loan.

6. wether tds provision attrated to this.

pls reply as soon as possibel because it is urgent.

thanx in advane.

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