banner_ad

DIRECTOR

Constitutional 1332 views 1 replies

Pls help me out with the following..

1)When a bank advances loan to a Limited Company against the guarantee given by one of its directors as a collateral, whether the guarantee is to be with the Registered with the ROC? Will your answer will any way be different if the director gives his immovable property also as a security to bolster his guarantee, since the bank says that mere guarantee of the director will be of no value if not backed by any security?                                                  
    
2) The company advances to directors who travel very often for company’s business. Amount of such advances sometimes exceed the actual requirement. Will it contravene any provisions of the company’s Act?

Thanks a lot...

Replies (1)

Hi,

For compulsorily registerable charges please check section 125(4) of the companies act, 1956.

However in your case as per my opinion you are not required to file form 8 for creation of charge. Reason being security is provided by the director and not by the company. But the lender/bank may ask you to file form-8 as the charge is created for the benefit of charge holder i.e. bank.


Regards


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
11 May 2026
Post office

Post office

Anakapalle

Others

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
10 May 2026
Finance specialist

Right way solution

Ajmer

CA

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details