Loan from director

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I am writing this letter  to seek your opinion for the matter stated below.

WE, A PRIVATE LIMITED COMPANY  has total expense of 15 Laks for the financial year 2015-2016.  THIS AMOUNT WAS FROM ONE OF THE DIRECTOR .WE want to show this amount as loan from director, Mrs 'X'

As per the law

 If Company exceeding the Limit of “Paid up share capital + Free Reserves” then process to accept loan from Director

 Step-I- Company will Hold a Board Meeting to call General Meeting.

 Step-II- Company will pass a Special Resolution for Higher limit.

 Step- III- Company will file MGT-14 for Special Resolution passed in General Meeting.

 Step-IV- Company will hold Board Meeting and Board of Directors will pass resolution for acceptance of loan from Director.

Step-V- Company will file MGT-14 for Board Resolution.

------

My Doubt

We had to do the above mentioned procedure before accepting the loan. But Now the financial year is already over and as per the accounts company has already accepted the loan from the director

What we do now?

Can we do the same procedure now ?

Please Reply

 

Replies (4)

Section 180 of Companies Act 2013 is not applicable to Private Limited Companies as per notification dated 05th June 2015. Hence, you do not need to take any approval from Shareholders for such borrowings. Please refer the notification.

Thanks Mr: Pratik Shah for your immedite reply

So nothing to do with mca site. am i right?

No need to upload MGT14 .am i right?

Regards

Krishna



 

Yes..no need to file anything with roc in this regard.

Thanks Mr: Pratik Shah

 

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