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Loan of a company against HUF Deposits

17 June 2025

There is an Indian Private Limited Company. The company has several HUFs as shareholders. The kartas of the shareholders are also directors in the company. The company wants to take loan against fixed deposits which are in the name of HUFs. Is it legal?

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Rama chary Rachakonda (Master in Accounts & high court Advocate email ID:ramachary64@gmail.com voice no:9989324294) (8231 Points)
Replied 17 June 2025

Loan Against Fixed Deposits Held by HUFs The company wants to take a loan against fixed deposits (FDs) held in the name of HUFs, where the Kartas of these HUFs are also directors in the company. Let's examine the feasibility of this arrangement. Key Considerations -

*HUF Ownership*: The fixed deposits are held in the name of HUFs, which are separate legal entities. The HUFs, not the company or its directors, own these FDs. -

*Karta's Role*: As Kartas, the directors have the authority to manage the HUF's assets, including the FDs. However, they must act in the best interests of the HUF. Loan Against FDs -

*Pledge or Lien*: The HUFs can pledge or create a lien on the FDs in favor of the company as security for the loan. This would require a formal agreement between the HUFs and the company. -

*Consent of HUF Members: It's essential to obtain the consent of all HUF members (coparceners) for pledging the FDs or creating a lien, to avoid potential disputes. Legal and Tax Implications -

Compliance with Laws*: The loan arrangement must comply with relevant laws, including the Companies Act, 2013, and the Income-tax Act, 1961.

- *Tax Implications*: The interest earned on the FDs will be taxable in the hands of the HUFs.

The loan arrangement may have tax implications for the company and the HUFs, which should be carefully evaluated.

Conclusion Taking a loan against fixed deposits held by HUFs is possible, but it requires careful consideration of the legal and tax implications.

The company should ensure that the arrangement is properly documented, and all necessary consents are obtained from the HUF members.