foreign currency loan


This query is : Resolved 

(Querist)
25 June 2010 can a private limited company can take a loan from directors relative, residing in foreign.

26 June 2010 In case of a private limited company loan can be taken only from director & shareholders which can be in foreign currency but not from directors relative.

Section 58A is not applicable if loan is taken from a director in case of any company or from a shareholder in case of a private company out of his own funds (that is not borrowed or accepted from others) including a Company which has become public u/s.43A so long as it retains S. 3(1)(iii) conditions in its Articles. The director / shareholder concerned however has to furnish a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others.


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