Chartered Accountant
12739 Points
Joined December 2016
Loan to Shareholders:
In respect of loan to shareholders, section 185 of the Companies Act 2013 needs to be looked into.
Section 185 will not apply to a private limited company provided,
-No body corporate has invested in the shares of such private limited company,
-Borrowings is less than twice its paid up capital or Rs.50 Crores whichever is lower.
-There are no defaults in repayment of loans or borrowings.
If section 185 is applicable(i.e the company satisfy the above conditions or is a public limited company), then check if the share holders to whom the loan is given is holding either individually or along with any directors of the Company more than 2% of the shares of the Company.