Borrowing from director who is also member

Companies Act 2013 361 views 2 replies

Hi,

As per new provisions of the Act, the Director is allowed to give loans to be company subject to condition that the loan given is itself not a loan taken by any director.

Further, member is allowed to give loan upto a limit of 100% and free reserves. Beyond that it shall be considered deposit.

Here my query is, what if director is also a member?

What provisions shall be followed in this case?

 

Replies (2)

He will be considered as Director and deposit shall be exempted deposit.

Thanks for reply...

Is it clarified anywhere in the Act?


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