Loan by a Pvt Ltd company from Third party

Dear Members,

One of the Pvt ltd company has taken 50 lakh from a Third party individual (Mr. A) for its business. Neither  Mr. A has been allotted any shares in return or taken as a director in the company, which means that company has taken it as an unsecured loan. Entire 50 lakhs has been utilised for business purposes.

A company can take loans from directors, relative of directors and their relatives but not from third party.

Now, what should be done to safeguard the interest of the client? Its easier for a CA to qualify his report and move on. But I want to know is there any way we can help the client.

 

 

 

Replies (2)
Quick Summary
A private limited company has received a £50 lakh unsecured loan from an individual third party, who is neither a director nor a shareholder. Under the Companies Act 2013, such loans from outsiders are treated as deposits, requiring compliance with specific rules. This discussion explores ways to protect the client's interests beyond simply qualifying the auditor's report, considering options like share allotment.

A private Limited company cannot accept loan from outsiders. ... However, it can accept loan from his directors. If you accept any amount from any outsider, then it shall be treated as deposit as per the Companies Act, 2013 and you need to comply with all the deposits rules.
Allotment of share is last option

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