Reg:Loan to a Company

492 views 4 replies

Can a director/promoter advance loan to the Company ?If yes which section of the Companies Act will get attracted in the case??Kindly also provide some case lwas, if any.

Kindly also suggest some good sites for case laws on Companies Act, 1956.

Regards

Replies (4)

The issue is if a loan given by a D to the co will be treated as deposit within the purview of section 58A read with Rules, 1975.

As per my knowledge any amount received by a Private Company from its directors shall not be treated as deposits provided he gives a declaration that the amount being adanced by such director to the co is not being procured or borrowed from others.

Please correct me If I am wrong.

And if my interpretation is correct, then please let me know what provisions cover loan advanced by the director to the Company?

loan given by a director alwys treated as a unsecured loan not as a deposit...  as per Companies (Acceptance of deposit) rules, 1975. loan given by director not to be considered as deposit..

here sec. 292 of companies act will be applicable also sec. 299 and 300.....

section 292 deals with giving of loans from a company to others, not receiving of loans.

you should be careful of interest rates, it should not be abnormal so as to get disallowed in assessments and get qualified from audit viewpoint.

maintain 301 register , comply 299.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details