Pavan Daga (business) (125 Points)
18 January 2010Can a Private limited company accept share application money? if yes the procudere for the same?
Is there any timeline for issuing the shares once the share application money is received?
Can an Unsecured loan in previous year of the companies balance sheet be shown in current year as Share application money, for better debt - equity combination ??
CS MD Osman Akthar
(Company Secretary & CA(Final))
(78 Points)
Replied 18 January 2010
Dear Pawan,
There is no time limit in which share application money to be utilized for allotment as per companies Act 1956, for Pvt Companies.
But, As per RBI/FEMA guidelines the application money to be utilized for allotment with in 6 months otherwise it should be refunded.
Unsecured loan of previous year can be shown as share application money, provided the Company resolve so, on fulfilment of other requirements.
R!tu Ber!
(Chartered Accountant)
(405 Points)
Replied 18 January 2010
hi,
i have seen a similar case which came in a scrutitny after few years that department says that money is not for share application and it was loan and we furnished them all the necesary documents from bank and the shareholders too.
R!tu Ber!
(Chartered Accountant)
(405 Points)
Replied 18 January 2010
so this can be done but carries with it alot of risk too.
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