Clarification as to conversation of unsecured loans

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My client being Pvt Ltd. Co. having Authorised capital & Paid Capital of Rs.5000000/- & 100000/- respectively as on 31.03.2009. Now during the year 2009-10 the company received unsecured loans from directors of Rs.1550000/- in the month of Nov,2009,Dec,2009 & Jan,2010. However we want to consider the same as share application Money  by converting it through Journal as on 31.03.2010 so that we can issue the shares by filing Form No.2 latest by 31.05.2010.

My query is whether it is possible through Hawala/JV & also benificial or not from law point of view.

Please reply urgent.

regards

Replies (2)

Dear Mr. Sanjay Baheti,

In this case the director should give a written request for conversion of loan into Share application money. The Company should pass a Board resolution for such conversion.In case the director is a NRI, the allotment is required to be made within 180 days of receipt of share application money.I could not understand the reference made of hawala/JV.Please specify so that I may reply the same.

With Regards,

CS Sunil K. Jain FCS,AICWA ,Practising Company Secretary,9810104162 , skj13 @ rediffmail.com

Thanks Mr.Sunil Jain for reply.

The meaning of hawala/JV is the adjustment routed through Journal as origionally the amount were credited to unsecured loans accounts in Books  to  square-up the same by debiting to unsecured loans  account & credited to Share Application  money account .

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