banner_ad

conversion of loan in to equity

2237 views 2 replies

Pls Advise

We have on pvt. ltd. co. to be wound up. Latest balance sheet shows following position

1. Share Cap - 1,00,000

2. Unsecured Loan - 36,00,000

3. Cash & Bank Bal - 100000

4. P & L Dr. Bal - 36,00,000

One view was presented by the auditor is that the secured loan is to be converted in to equity by issuing shares at premium (FV- 10).

My question is that is it possible to issue share at premium against unsec. loan (from director)

and if it done so sec. premium will be generated (with premium amt) and distribution of anything to the shareholder at the time of winding will it regarded as dividend us 2 (22) of income tax act and company is required to pay the dividend tax ?

or any other way to wind up the company

Replies (2)

There is no bar for conversion of loan into share capital.You are required to obtain a reuest letter from the lender of loan.call a Board meeting and pass a resolution and file Form-2.In case there is a Shareholders Agreement or some other restriction, you are to comply with the same.

My Quesion is that

After converting the loan in to equity, a security premium will generated. Management want to wind up the company. Credit balance of sec. Premium will be distributed among the shareholders.

Will sec. 2(22) (b) Deemed Dividend of Income Tax will be applicable ?


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 02 May 2026
Senior execiutive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details