Non directors shareholders of a NPA private company

About 6 of us formed a 100% EOU company with the intention to manufacture and export a food product.

Unfortunately due to Covid and other factors we are not doing well. We took a loan of 8 Cr from a nationalized bank.
We have to pay outstanding dues by the end of this month otherwise the bank said they would declare our company as NPA.

Of the 6, 3 are directors of the company while the other 3 (one of them is an NRI) are passive partners. All of us have contributed capital and some have pledged properties.

If the bank declares NPA, would only the 3 directors or everyone be responsible for the liabilities?

 

Replies (6)
Quick Summary
A group of shareholders in a struggling 100% EOU private company are facing an imminent NPA (Non-Performing Asset) status due to an unpaid bank loan. They are seeking clarification on whether only directors or all shareholders, including passive ones and an NRI, will be held responsible for the company's liabilities if it defaults. The discussion also touches upon the bank's potential actions, the possibility of revival packages, and the order in which personal collateral might be pursued if the company's assets are insufficient to cover the loan.

Did bank gives you revival package as you say due to covid and all

Not yet. Would the bank wait till we are declared NPA?

The next EMI is due end of this month, which we can't pay.

In general case a bank cannot declared NPA directly if you can't give EMI for guinue reason not in intention of faurd
then provide revival package for sustainability of company or say business and observe is it doing well in the futher package and able to pay the principal and EMI by making profit or not if the company failed in it then Bank declared a company as NPA under three categories of NPA and recovery the money or say liability as the agreement deed signed by the two parties

Thanks for the clarification.

Can you please tell us what happens after the status becomes NPA?

Would non directors also be responsible for the liability (bank loan)?

2 directors and 2 non directors have given personal assets as collateral for the bank loan.

In case the bank auctions the factory for less than the loan balance, would they come after the collateral in some order - directors first and then non directors?

When you're business started can you say
and when you unable to pay loan

Company incorporated in 2016. Factory setup (building and machinery) took about 2 years.

Production started (less than 20% capacity, due to lack of orders) in 2018.

Paid EMI regularly till Dec 2020.

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