Query on companies act, 2013

1299 views 7 replies
Respected Sir/Madam, I have a query regarding accepting of deposit under Companies Act, 2013. There are two companies namely ABC Pvt. Ltd (Lending Company) and XYZ Pvt. Ltd (Borrower Company). Mr. Suresh is common director in both of the companies. Financial position of both the companies is as under:- Particulars ABC Pvt. Ltd. XYZ Pvt. Ltd. Share Capital 10,00,000/- 1,00,000/- Reserves and Surplus 90,00,000/- 2,50,000/- Secured Loan 15,00,000/- 50,000/- 1. Whether ABC Pvt. Ltd. can give loan to XYZ Pvt. Ltd.? If yes, then upto what extent it can give loan to XYZ Pvt. Ltd.? 2. Would your opinion be different if there is no common director and/or relative? 3. Upto what limit XYZ Pvt. Ltd. can accept loan? 4. What is the detailed procedure to be followed for both the companies? Thanks & Regards, Ramesh Purbia
Replies (7)

Hi, first of all amount given to another company by one company is not a deposit.....

 

Secondly, for your queries you refer to sec 185 and sec 186 of the CA 2013 and relevant rules.....

If after going through the same, you stil have any query, post here.....

Dear sir/madam,

I have an query about acceptance of advances from director who is also a shareholder in that private company .

What is the query?

 

Originally posted by : P C Agrawal
What is the query?

 

 

I have doubt about for procedure for incorporation section 8 company.

Yes you can accept advance/ loan from a Director of the Company. However, Director has to give a declaration that the amount which he is giving is his own money and not borrowed from any where. Please see deposit rules for specific wording of the declaration. 

 

What's your doubt?

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details
Company
06 July 2026
Senior Accountant

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details