banner_ad

Loan from Director

693 views 2 replies

A private limited company can take unsecured loan from its shareholders, directors and their relatives and the same would not be covered under section 58A and other deposit provisions as such transaction is exempt by deposit rules 1975. (b)

 

 

 

 

 

 

"deposit" means any deposit of money with, and includes any amount borrowed by, a company, but does not include-

 

(ix)

any amount received by a private company from a person who, at the time of the receipt of the amount, was a director, relative of director or member:

Provided that the director or member, as the case may be, from whom money is received, furnishes to the company at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others;

Now My question is Whether a Director holding less than 10% shares in  co.,A can take a loan from it and extend the loan amt to co., B in which also he holds less than 10% shares.

 

Replies (2)

If director gives declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others then yes

Question of holding 10% equity shares (i.e. voting power) is applicable only in case of Sec-2 (22) (e) of the Income Tax Act, 1961 for the purpose of deemed dividend in the hands of director depending upon the reserves & surplus of lending company.

Regarding your query of taking loan from company A and giving it to company B, the concerned director can not give declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others. Hence, this will be covered as a Deposit accepted by company B.

Thanks,


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
28 April 2026
Senior Accounts Professional

Vivek S Gupta & Associates

New Delhi

B.Com

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details
Company
04 May 2026
Articleship

S.K Gairola & CO

New Delhi

B.Com

View Details
Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details
Company
14 May 2026
Financial Analyst - Remote Finance Expert

HiringBridge

Ahmedabad

CA

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 05 May 2026
ARTICLED ASSISTANT

JS ADVISORS

New Delhi

CA Inter

View Details