Converting unsecured debt to equity or writing off

2346 views 3 replies

Hi,

I would like to please know (for a small private limited company):

1) Under Companies Act 2013 can unsecured debt (from a shareholder) be converted to equity?

2) Is there anyway for a loss making company that has not traded in the last financial year to write off unsecured debt from balance sheet (loan from shareholder)?

Thanks a lot in advance for your help/guidance on this.

Replies (3)

Sir,

The amount appearing in your books of Accounts need not be repaid as present as it was not a deposit as per the definition of Deposits Under Companies Act 1956.

 

It is advised to fix a tenure for repayment of this loan, say 5 years and company would repay the loan aftr 5 years.

 

however, the same loan cant be renewed.

 

In case you wish to convert the same into equity, you can but allot the share on 31st March 2014 Itself.

Second solution wont be suggested to do as IT officials wont solicit this thing. 

Thanks a lot Gaurav. 

What if the loan can not be paid off? Was taken over 5 years ago company purchased equipment which has been scrapped no business left at all only these unsecured loans from shareholders...i thought the point of a private limited company is "limited liability"....

Dear Sir,

Being a closely held private limited company, i presume the amount received must be from a relative. it is suggested to make that member as a Director of the company and then the same loan can continue to appear in your company's Balance Sheet

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
ARTICLESHIP 08 July 2026
Articles

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details