Loan from shareholder who is company

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Dipul mehta (Querist)

16 March 2016 Sir,

Can a Pvt. Ltd. Company take Loan from its Shareholder who is also a Company Under Companies Act, 2013 Provisions??

Dipul Mehta

CS Ankur Srivastava

CS Ankur Srivastava (Expert)

17 March 2016 It will be treated as Inter Corporate Deposits and is exempt deposit.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)

17 March 2016 Please refer Rule 2(c)(iv): any amount received by a company from any other company is exempted deposit.

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BUNNY SEHGAL

BUNNY SEHGAL (Expert)

23 March 2016 it can take loan provided section 73 to be complied with. (also refer exemption to pvt. ltd companies dated 5 june 2015).
further it is not exempted deposit as suggested by ankur sir, as it will be treated as shareholder not as a unrelated company.

Dipul mehta

Dipul mehta (Querist)

24 March 2016 @ BUNNY SIR AND ANKUR SIR KINDLY GIVE EXACT ANSWER I M ALREADY IN CONFUSION.......

BUNNY SEHGAL

BUNNY SEHGAL (Expert)

25 March 2016 It will be treated as deposit and company have to comply section 73 and rules thereof to accept the loan.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)

01 April 2016 In this case the provisions of Deposits need not to be complied with and it will be treated as exempted deposit.

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