Can a pvt ltd company accept loans from the following persons:
Director, relative of director, shareholders, inter-corporate and public.
Please give reference of the companies act 2013.
6 Replies
ANKUR TAH
(Teacher Consultant and CA finalist.)
(543 Points)
Replied 07 September 2016
Deposits from Members by Private Companies (w.e.f. 5th June 2015)
Private companies can accept deposits from its members to the extent of 100% of its paid up capital and free reserves without complying with the conditions as stated in section 73(2) (a) to(e).
However, it is pertinent to note that as these amounts received would be deposits and such company would have to:
Comply with the terms and conditions of Companies (Acceptance of Deposit) Rules 2014; and
File the details of monies so accepted to the Registrar in Form DPT 3 duly certified by its statutory auditor.
Private companies can accept deposits from its members to the extent of 100% of its paid up capital and free reserves without complying with the conditions as stated in section 73(2) (a) to(e).
However, it is pertinent to note that as these amounts received would be deposits and such company would have to:
Comply with the terms and conditions of Companies (Acceptance of Deposit) Rules 2014; and
File the details of monies so accepted to the Registrar in Form DPT 3 duly certified by its statutory auditor.
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 10 September 2016
1. Directors - Yes, it can be taken without any limit. However, Declaration is required as per Rule 2(1)(c)(viii) of Companies (Acceptance of Deposits) Rules, 2014.
2. Relatives of Directors - Yes without limit. Same as above.
3. Members - Agree with opinion of Mr. Ankur.
4. Public - No
Deepak THAKUR
(8 Points)
Replied 06 July 2017
Please calrify can private limited company accept loan from its shareholder more than its paid up captial.
Paid up captial + reserives of company is Rs 105000 and loan amount is Rs 180,000
Deepak THAKUR
(8 Points)
Replied 06 July 2017
Please calrify can private limited company accept loan from its shareholder more than its paid up captial.
Paid up captial + reserives of company is Rs 105000 and loan amount is Rs 180,000
Deepak THAKUR
(8 Points)
Replied 06 July 2017
Please calrify can private limited company accept loan from its shareholder more than its paid up captial.
Paid up captial + reserives of company is Rs 105000 and loan amount is Rs 180,000
Deepak THAKUR
(8 Points)
Replied 06 July 2017
Please calrify can private limited company accept loan from its shareholder more than its paid up captial.
Paid up captial + reserives of company is Rs 105000 and loan amount is Rs 180,000
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