Chartered Accountant
1572 Points
Joined August 2008
Other points :
- For accepting the Loans/Deposits from above parties, a company has to follow the conditions laid down under Sec 180(1)(c) which is
If Proposed +Existing borrowings (exclude temporary borrowings) > (paid up capital +Free Reserves), the Company shall have to pass Special Resolution in General Meeting.
2. Deposit Rules: for acceptance of deposits from shareholders and relative of directors:
- Company can accept maximum 25% of (paid up capital + Free reserves) – This limit is for existing and proposed deposits.
- Company has to follow the procedure like issuance of circular, depositing insurance, credit rating, appointment of trustee etc.
But after Notification G.S.R. 464(E) dated 05/06/15, the company can accept 100% of (Paid up capital+ Free Reserves) without fulfilling the conditions mentioned in sec 73(2) clause (a) to (e) i.e. issuance of circular, depositing insurance, credit rating, appointment of trustee etc.
3. Sec 186: A Company (Private or Public) can’t give loan to any other person or body corporate which is more than
60% of its Paid up Capital + Free Reserves + Security Premium
Or
100% of Free Reserve + Security Premium
If this limit is exceeded, prior approval by special resolution in general meeting is required. However, in case a loan or guarantee is given by a company to its wholly owned subsidiary company or a joint venture company than special resolution is not required.