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Loan from minor in pvt. company

1692 views 7 replies

Dear All,

Request you to please advise, whether loan taken from minor(who is shareholder) in a private company earlier will now be considered as deposit under companies act 2013?

Also please advise what is the meaning of "any non-interest bearing amount received or held in trust" with an example please.

Thanks

Replies (7)

Request all to please advise

Hi,

 

in my view, the loan will be treated as deposits since the same has not been specifically excluded from the definition of deposits as given in Comapnies Acceptance of Deposits rules 2014.

 

Regards

Thanks Vandana, Can u please also advise, can't we take shelter under  exclusion mentioned in rule i.e "any non-interest bearing amount received or held in trust" if no interest is being paid to minor.

 

Hi,

 

any non-interest bearing amount received or held in trust implies that if the company is acting in the capacity of a trustee aand has held any amount in trust..
 
In the new Act, there is no way in which u can exclude yourself from the liability is you have taken any amount from members until and unless you return it back.
 
In simple terms, loan from members is deposit..
 
Regards

 

Thank for the response.

But still fail to understand the meaning of ,any any non-interest bearing amount received or held in trust. Can you please quote some circumstances where company will be recieving such an  amount.

Thanks

 

Hi

 

Go through section 235 (4) for one such example.

Thanks Vandana.


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