Sunny (CA Business) (401 Points)
04 April 2014Under Rule 5 - Acceptance of Deposit Rules - Page 7/8:
Promoters can brought in unsecured loan only if there is stipulation mentioned by bank/ FI.
Does it mean that Promoter/ Director cannot bring in unsecured loan when there is no bank/FI borrowings?
Thanks
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 04 April 2014
Loan from directors is also exempted under Rule 2(1)(c)(viii) subject to his giving specified declaration.
Sunny
(CA Business)
(401 Points)
Replied 05 April 2014
Agrawalji, Thanks for your reply.
It also means that everytime the promoters bring in unsecured loan, they will have to give specified declaration.
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 06 April 2014
Yes please it is mandatory.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 06 April 2014
As pe the Deposit Rules, the Unsecured Loan can be obtained from Directors only and not from Director's relatives or shareholders. Yes you are right here that if the company has not taken any secured loan from FIs and there is no such stipulation, no loan can be taken from Promoters or Shareholders
But here is one question from my side also that wheteher unsecured loan can be taken from any Partnership Firm in which no directors are the partners?
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