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Loan taken from an individual

brijesh kumar (student) (61 Points)

21 July 2018

when a company loan taken from an individual that is like shareholders and directors of the company is valid or not?

for example UNSECURED LOAN CONSIST:

loan directors/ shareholders

loan intercorporate

unsecured loan personal/huf

please explain the compliances of above ?

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6 Replies

CA Sunil Kumar (Chartered Accountant) (4514 Points)
Replied 21 July 2018

A company can accept loan only from its director and relatives of the directors.It cannot accept loans from any Partnership Firm, HUF, individual.

1 Like

brijesh kumar (student) (61 Points)
Replied 21 July 2018

thankyou sir for sharing this

Shailvi Agarwal (COMPANY SECRETARY) (184 Points)
Replied 23 July 2018

1thng to ask..Is the same thing applicable on pvt. ltd co. also?

brijesh kumar (student) (61 Points)
Replied 23 July 2018

yes, according to companies Act 2013 a private company can borrow only from directors

Jatin Bajaj (CS) (2928 Points)
Replied 23 July 2018

The Company can borrow the money from its directors by passing the board resolution as per section 179 of the Companies Act 2013. Director has to file declaration that such loan shall be given out of its own fund and not from borrowing outside.

However company can borrow the money from its member upto 100 perecnt of the paid up share capital, free reserves and securities premium amount.

However the Company cannot take loan from the partnership firms as partnership firms are not included in Body corporates. But Company can take loan from LLP as LLP is covered under the defination of Body Corporates

Priya (Professional) (117 Points)
Replied 01 October 2018

A company took amount of Rs. 3000 from a person who was a Director earlier but not on the date of transaction. The person is relative of a person who holds majority shares of the Company. At present he is neither a Director or Shareholder. Company is showing such amount under current laibilties as fees paid by such person. Is it permissible under Companies Act 2013?