New companies act, 2013

Pvt ltd 884 views 5 replies

As per Section 184 A Company cannot give any loan to Directors.

But my question is Can a Director or Shareholder give Loan to Private Limited Company??

Replies (5)

Director :  Yes, if he gives a declaration that the amount is not being given out of borrowed funds.

 

Shareholder:  Theoritically, yes - subject to  compliance of Sec.73(2).  However, these conditions are not practical and hence practically - No.

 

Dear Hitesh Ji,

 

A company can accept loan from a Director.

 

A company can't accept loan from a Shareholder.

 

For further clarity read Companies (Acceptance of Deposits) Rules, 2014 and section 180 of the Companies Act, 2013.

A Director can give loan to a company provided it is not out of the monies borrowed.

A shareholder cannot give loan to a Company 

Refer:  Companies(Acceptance of Deposits) Rules, 2014

Agree with above suggestions....

Director To Comany = Yes, but restricted to own fund

Company To Director = No

Shareholder To Company = No


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