Loan to its director

This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
08 January 2016 Dear Sir,

Whether Private Company can give loan to Director ? Is it possible subject to approval of shareholders ??

Regards,

Sachin

08 January 2016 Yes kindly refer to the exemption provided to private companies after amendment in companies act it can give subject to certain limitsNotification currently provides that Section 185 shall not apply to a private company satisfying all of the following conditions:

No body corporate shall have invested any money in the share capital of the company; and
The borrowings of the company from banks, financial institutions or any body corporate shall not not exceed twice the amount of paid-up share capital or INR 500 million – whichever is lower; and
There shall be no subsisting defaults in repayment of such borrowings at the time of making transaction.

08 January 2016 Thanks Sir. It means within limits specified in exemptions notification private company can grant loan to Director. If it is exceed the Limit, then prohibition on loan to Director.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
09 January 2016 Whether Borrowing from banks mention under exemption to private company includes or excludes CC Loan ?

12 January 2016 Provisions related to section 185 shall not applicable to a private company if:

(a) in whose share capital no other body corporate has invested any money;
(b) if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice of its paid up share capital or fifty crore rupees, whichever is lower; and
(c) such a company has no default in repayment of such borrowings subsisting at the time of making transactions under this section.

Thanks


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


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details