unsecured loan by pvt ltd
CA. Mala Rohara (Partner) (145 Points)
19 March 2018Is there any maximum limit to take loan ???
CA. Mala Rohara (Partner) (145 Points)
19 March 2018
Jatin Bajaj
(CS)
(2930 Points)
Replied 20 March 2018
As per the provisions of the Companies Act , a private Company cannot accept any deposit from the individual or partnership firm as its is abondoned as per the defination of private Company.
A private Company can accept the deposits from the members upto 100% of the paid up share capital, free reserves and securities premium and can accept any amount from Directors or relatives of Directors provided that director or relative of such Director shall submit declaration that the fund is borrowed out of its own fund and not borrowing from outsider or banks or financial institution.
If private Company fails to comply with the these provisions, then private company will be covered under the deposits and will have to follow the provisions of deposits
harshal
(Article trainee)
(22 Points)
Replied 24 April 2018
Jatin Bajaj
(CS)
(2930 Points)
Replied 02 May 2018
In General , the private limited Company cannot accept the amount from outsiders. But if any advance is taken in form of deposit, then Company has to comply with the provision of deposits from section 73 to section 76.
But if Company fails to comply with the provisions of section 73 to section 76, then there is violation and as per Section 76 A , THEN IS PENALITY ON COMPANY WHICH MAY EXTEND TO 1 CRORE TO 10 CRORE AND FOR OFFICER OF THE COMPANY 25 LAKH TO 2 CRORE AND IF ANY OFFICER KNOWINGLY COMMITS THE OFFENCE OF FRAUD, THEN HE SHALL BE LIABLE UNDER SECTION 447 OF THE COMPANIES ACT 2013
Analysis of 20 GST Notices (including 2 Appeals) and Practise on Drafting(with recording)