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Companies act 2013

Pvt ltd 2509 views 10 replies

Can a private company as per new companies act, 2013 avail loan from director's relative, shareholders, HUF etc. & what is section/provision of the same?

Replies (10)

1) As per the provisions of Companies (Acceptance of Deposit) Rules, 2014. A company can not avail loan from director's relative.

2) From members(shareholders), it shall not exceed aggregate of 25% of paid up share capital and free reserves.

Regards

Under which section it is mentioned sir ??

Refer section 73(2) of Companies Act, 2013 and refer rule 3 of Companies (Acceptance of Deposit ) Rules,  2013 "Terms and conditions of accpetance of deposits from companies.

Please tell me what sections of companies act 2013,are applicable for IPCC November 2014,exam

Respected Sirs,

Can a private non-banking finance company accept loan from its shareholders ?

HI Anonymous,

As per my understanding, NBFCs registered with RBI are specifically exempted from Desposits rules....they however will have to comply with section 180 of the Companies Act 2013....

Regards

Respected Sir,

Thanks a lot for attending my query, in another words, it can be said that section 73(2) is not applicable to private non banking finance company taking loan from its shareholders.

Is there any limit  u/s 180. (1) © upto which extent permission can be given by special resolution?
Your guide a lot for me.
 

As per rule 73 (2) of CA 2013, loan can not be taken from relatives of directors. What about loan from HUF. If the the adult karta and his wife are both directors as well as shareholders in the company, can the HUF give loan to the Pvt Ltd company. Their children are minors and not shareholders.

Originally posted by : ipsh*ta gopinath
Please tell me what sections of companies act 2013,are applicable for IPCC November 2014,exam

Refer the following link : https://220.227.161.86/32800bos-announ15mar14.pdf 

HUF is said to be relative or not as per companies Act 2013 ?


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