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Dear All, Please advise 1) As per notifciation dated 5 june2015 , private company can take loan from its shareholder. Can the approval for the same be taken in board meeting or in general meeting? 2) As per Notification no.G.S.R.464(E) dated 05/06/2015, clauses (a) to (e) of subsection (2) of section 73 shall not apply to a Private Company which accepts from its Members monies not exceeding 100% of aggregate of the paid up share capital and free reserves. As per sub-rule 3 of Rule 3 of Companies (Acceptance of Deposits) Rules, no Company referred to in sec 73(2) shall accept or renew any deposit from its Members, if the amount of such deposits together with the deposits outstanding as on date of acceptance of such deposits exceeds 25% of aggregate of paid-up share capital and free reserves of the company. So what is the maximum amount of Loan that can be accepted by a Pvt.Ltd.Company from its Members? Is it 25% or 100% of paid-up capital & free reserves? 3) what are the formalities to be complied? form no to be filed with roc etc? 4) if company is already enjoying loan from its director ,which is excluded from deposit ,will that amount will be considered while calculating above limit Thanks

Section 73- Prohibition on acceptance of deposits from public.

Posted By: Nidhi goel 9 year(s) ago

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Expert    Ankit Singhi

1 As per notification dated 5 june2015 , private company can take loan from its shareholder. Can the approval for the same be taken in board meeting or in general meeting : approval of both Board & shareholders will be required 2 As per Notification no.G.S.R.464E dated 05/06/2015, clauses a to e of subsection 2 of section 73 shall not apply to a Private Company which accepts from its Members monies not exceeding 100 of aggregate of the paid up share capital and free reserves. As per sub-rule 3 of Rule 3 of Companies Acceptance of Deposits Rules, no Company referred to in sec 732 shall accept or renew any deposit from its Members, if the amount of such deposits together with the deposits outstanding as on date of acceptance of such deposits exceeds 25 of aggregate of paid-up share capital and free reserves of the company. So what is the maximum amount of Loan that can be accepted by a Pvt.Ltd.Company from its Members Is it 25 or 100 of paid-up capital free reserves : 100% of paid-up capital free reserves 3 what are the formalities to be complied form no to be filed with roc etc : details to be filed by pvt company falling under the exemption is still not prescribed 4 if company is already enjoying loan from its director ,which is excluded from deposit ,will that amount will be considered while calculating above limit : No

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