Can a pvt ltd co accept loan from its members?

Companies Act 2013 559 views 4 replies

Hi, Can a Pvt Ltd Co accept fresh loan from its members as of today? As per Companies Act, 2013 and relevant rules the same was disallowed and DPT4 was to be filled within 3 months of enactment of act. 

Is there any update / Change in the same? 
 

Replies (4)

Yes fresh loan can be taken from member upto aggregrate of paiodup capital and free reserve. For your reference the notificated dated 05.06.2015 is attached

hey Ankush,

As per section 73(2) of Companies Act 2013, a company can raise deposits/loan from members subject to the resolution passed at general meeting . deposits can be raised to the extent of 25% of paid up capital and free reserves. With the notification dated 05/06/2015, its been simplified for private companies as pvt company raising amount from members need not to comply conditions specified in section 73(2)(a) to (e)

as per notification company shall file the details of monies so accepted to the Registrar in such manner as may be specified.

can anyone tell me which form is required to be filed to roc.

thanks in advance

hey rahul

DPT 1 i.e. circular or circular in lieu of advertisement is to be filed to the Roc atleast 30 days before its circulation or advertisement as the case may be. refer rule 4(5) of deposit rules and DPT 1 requires the information to be given regarding all the related matters

for better understanding kindly refer Form DPT 1

Thanks 

 

 

 

 


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