banner_ad

Loan from Director

694 views 2 replies

A private limited company can take unsecured loan from its shareholders, directors and their relatives and the same would not be covered under section 58A and other deposit provisions as such transaction is exempt by deposit rules 1975. (b)

 

 

 

 

 

 

"deposit" means any deposit of money with, and includes any amount borrowed by, a company, but does not include-

 

(ix)

any amount received by a private company from a person who, at the time of the receipt of the amount, was a director, relative of director or member:

Provided that the director or member, as the case may be, from whom money is received, furnishes to the company at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others;

Now My question is Whether a Director holding less than 10% shares in  co.,A can take a loan from it and extend the loan amt to co., B in which also he holds less than 10% shares.

 

Replies (2)

If director gives declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others then yes

Question of holding 10% equity shares (i.e. voting power) is applicable only in case of Sec-2 (22) (e) of the Income Tax Act, 1961 for the purpose of deemed dividend in the hands of director depending upon the reserves & surplus of lending company.

Regarding your query of taking loan from company A and giving it to company B, the concerned director can not give declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others. Hence, this will be covered as a Deposit accepted by company B.

Thanks,


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 May 2026
Audit clerk

mgirt & co

Bengaluru

CA Inter

View Details
Company
08 May 2026
Paid Assistants

Quick Taxperts Private Limited

Bengaluru

Graduate (Any)

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
27 April 2026
Senior Accountant

Jyoti K agarwal & co

Mumbai

Others

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
03 May 2026
Senior Chartered Accountant

Nirmal Jain & Co

New Delhi

CA

View Details
Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details