Loan by a Pvt Ltd company to director or HUF of director

How can a private limited company give loan to

a) director

b) HUF of director

Replies (4)
Quick Summary
This discussion clarifies the rules for a Private Limited company issuing loans to its directors or the director's Hindu Undivided Family (HUF). It explains that while Section 185 of the Companies Act generally restricts such loans, specific exemptions exist for private companies under certain conditions. These conditions include board approval, shareholder structure, borrowing limits, and repayment history, with reference to MCA notifications.

Private Limited Company can give loan to a managing/whole time director of the company if:

  • It is approved by a special resolution in the meeting and
  • If this facility is given by a company to all its employees.

and 

No company shall directly or indirectly give any loan to any other person or body corporate exceeding 60% of its paid up share capital, free reserves and share premium

Section 185 is not applicable to Pvt cos ,So Company if not a subsy of Public co(deemed public Co)then it may give loan to director ,subject to put it before board and fulfillment of following conditions

a) No body corporate is shareholder
b) Borrowings are less than 50 crore or 2x of paid up capital
c)Company didn't make default in repayment of loan

You also have to check AOA and Stipulations by lender
Section 185 is applicable to pvt Ltd section does not exempt pvt ltd. . pl offer comments if contrary
Read 5/06/2015 notification by MCA ,subject to conditions specified private company is exempted from 185...

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