Loans from Directors
This query is : Resolved
VINITHA RAJESH
(Querist)
14 March 2011
Are there any restrictions for taking loan from a director by a Private Limited Company.
Please advice
Please advice
14 March 2011
RESTRICTIONS ON ACCEPTING OF LOAN FROM DIRECTORS APPLY TO PUBLIC LTD. CO, & NOT TO PVT. LTD.CO
15 March 2011
Restriction is on advancing loan to directors by a pvt ltd co u/s 292 and not on taking loan.
A public and private limited company can take loan from other company and body corporate and the same would be covered under section 372A as an inter corporate loan. The above is exempt from the 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 as the same would be considered as public deposit under section 58A read with Companies (Acceptance of Public Deposit) Rules, 1975.
A public and private limited company can take loan from other company and body corporate and the same would be covered under section 372A as an inter corporate loan. The above is exempt from the 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 as the same would be considered as public deposit under section 58A read with Companies (Acceptance of Public Deposit) Rules, 1975.
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