Mayuri Lal (officer CS) (748 Points)
29 February 2012Dear Members,
U/s 372A of teh Companies Act, the limit of 60% of paid up capital and free reserves and 100% of free reserves is the limit which should be calculated on the latest audited balance sheet OR the present paid paid up capital and free reserves in the books of accounts.
Is there any clarification on the above under the relevant section?
Please guide
Mayuri Lal
(officer CS)
(748 Points)
Replied 29 February 2012
Dear Members,
In continuation of my query, please also guide whether fixed deposit is covered u/s 372a.
The situation is such that the Company is reacing loan from the bank and it wishes to create fixed deposit of the same. Then whether it will be covered u/s 372a
pramod yadav
(Company Secretary)
(150 Points)
Replied 29 February 2012
Dear mayuri
1. U/s 372A of teh Companies Act, the limit of 60% of paid up capital and free reserves and 100% of free reserves is the limit which should be calculated on the latest audited balance sheet.
2. section 372A of the companies act relating to inter corporate loans, investements and guarantee but exclud the subsdiaries company.
3. if your company wants to raise the loan then check your borrowing under section 293 (1) (d) of the companies act and its also covered the section 372 a of the companies act, 1956.
regards,
Mayuri Lal
(officer CS)
(748 Points)
Replied 29 February 2012
Thanks Mr. Pramod.
My first query is solved but i have doubt in my second querry relating to the treatment of fixed deposit u/s 372A?
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