04 September 2013
Section 3(1)(iii) defines a private company as one which—
(a) has a minimum paid-up share capital of Rs. 1 Lakh or such higher capital as may be prescribed; and (b) by its Articles of Association: (i) restricts the right to transfer its shares; (ii) limits the number of its members to 50 which will not include:— A. members who are employees of the company; and B. members who are ex-employees of the company and were members while in such employment and who have continued to be members after ceasing to be employees; (iii) prohibits any invitation to the public to subscribe for any shares or debentures of the company; and (iv) prohibits any invitation or acceptance of deposits from persons other than its members, directors or their relatives.
Therefore by virtue of Section mentioned above loan can not be taken from employee by a Private Limited company unless they are also a member, director or relative of the director(s).
04 September 2013
After considering the above provisions it is advisable that the director of the private company first must take a personal loan from employees and then director should give loan to company which is within the ambits of the above provisions.
05 September 2013
Mothers real brother not included.
Sec. 2(41) "relative" means, with reference to any person, any one who is related to such person in any of the ways specified in section 6, and no others.
Sec. 6. Meaning of "relative" — A person shall be deemed to be a relative of another if, and only if,
# they are members of a Hindu Undivided Family; or
# they are husband and wife; or
# the one is related to the other in the manner indicated in Schedule IA.
SCHEDULE IA SPECIFIES THE LIST OF RELATIVES AS UNDER: