Limit for loan amount


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
13 November 2012 Regards !
Please advise me on the following Query :

1} What is the limit of Loan amount a share holder can issue to a private Ltd company

2} Can a Director give loan to a Pvt / Public Ltd Company - if yes then what is the limit of this Loan amount.

3} Can a Director / Share holder borrow & give loan to a Public / Private Limited Company

Please advise ji

Thanking you with regards
Deepak kumarr
9381323258

14 November 2012 Dear sir ,

A private limited company can take unsecured loan from its shareholders, directors and their relatives and the same would not be covered under section 58A and other deposit provisions as such transaction is exempt by deposit rules 1975. But if a private company take unsecured loans from persons other than its shareholders, directors and their relatives the same would be considered as a violation of section 3(1)(iii) of the Companies Act, 1956.

2. there is no limit on Loans taken from directors or shareholders in the case of a private limited company .

3. On the other hand amount taken by public company from individual is not covered in the exemption given by the said rule, hence amount taken by public company from individual is considered as deposit under section 58A read with Companies (Acceptance of Public Deposit) Rules, 1975.

with regards






Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
16 November 2012 CA Sri Sayantan Basu ji - Regards !

Recd your reply & thank you for the same .

One of our friend told that a Pvt Ltd company can take loans from the share holders but to the maximum extent of their own Capital { ie : they cannot give Loan from Borrowed Funds }. If the above rules applies do v have to take any Declaration from the Share holder .

Do the same rule applies for a Director also - Please advise .

Thanking you with best regards
Deepak kumarr


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details