Become a Certified GST Practitioner with CA Arun Chhajer. Register Now!

Loan from pvt. ltd. company

Pankaj Arora (Learner) (3134 Points)

10 December 2011

Can private company accept loan from another private limited company what should be the procedure for accepting loan from another private company should we have to inform for it to roc?

Second question if we took loan in September from financial institution of rs. 1.50 crore . should we have to pass any resolution for it or also tell me if we take loan from financial institution so we have to inform roc?

Reply
Follow
Share

10 Replies

nidhigoel89 (Company Secretary ) (594 Points)
Replied 10 December 2011

Hello,

Yes a private company accepts loan from other private company, as sec 372A deals with its (Not applicable to Pvt. Co.).

Secondely a resolution is required when u r going to take loan as per sec 292

If you take loan from financial instituion then its needs to be inform to ROC IF THAT LOAN IS CREATIG CHARGE OVER THE ASSETS OF THE COMPANY. Otherwise intimation to ROC is not require.

Thanks!

Regards

Nidhi

Upgrade to CAclubindia Pro. Subscribe Now!

Pankaj Arora (Learner) (3134 Points)
Replied 10 December 2011

thanks nidhi

could you also tell me what is the exact meaning of IF THAT LOAN IS CREATIG CHARGE OVER THE ASSETS OF THE COMPANY?

nidhigoel89 (Company Secretary ) (594 Points)
Replied 10 December 2011

Hello,

It means when company is approaching Bank for loan then they generally ask for some security to be pledge which creates a charge over the companies assets.

So, in that case u need to file form 8 to ROC, for further details refer sec 124 and 125 of Co, Act

Regards

Nidhi

Pankaj Arora (Learner) (3134 Points)
Replied 10 December 2011

but if company don’t filled form 8 to roc than is company liable for any penalty ?

nidhigoel89 (Company Secretary ) (594 Points)
Replied 10 December 2011

Pl. consider the given section u will get the detailed information.....

Regards

Nidhi

Upgrade to CAclubindia Pro. Subscribe Now!

(Guest)

Yes, private company can accept loan from another private limited company. Mere board resolution is enough for the same. Section 372A is not applicable to it. Also no need to inform ROC about the same. Yes, you will have to inform to ROC by filing form 8 within 30 days with normal fees or within 60 days with additional fees. After 60 days you have to approach CLB for condonation of delay. Many Thanks. Neha

Pankaj Arora (Learner) (3134 Points)
Replied 10 December 2011

thanks nidhi n neha…

ranganath (CS) (12 Points)
Replied 09 June 2012

Dear All

Can a private limited company borrow by way of a loan (unsecured) from public limited company. What are the steps to followed apart passing resolution, like filing with ROC, maintenance of register, etc.

Thanks in advance

ranganath (CS) (12 Points)
Replied 09 June 2012

Dear All

Thanks in advance

(Guest)

Hi,

Private limited company can borrow by way of a unsecured loan from public limited company. It is not mandatory to pass board resolution for the same. There is no filing with ROC and there are no details to be mentioned in the statutory register.

With Regards,

Neha