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Can Section 8 company lend money?

Posted on November 10, 2022 by Author

Table of Contents

  • 1 Can Section 8 company lend money?
  • 2 What are the restrictions on the borrowing powers of a company?
  • 3 Can a company give loan to shareholders?
  • 4 What are the legal requirements which a company must comply with while borrowing?
  • 5 Can Section 8 company pay salary to its directors?

Can Section 8 company lend money?

Yes a section 8 company can take loan from its members and pay interest thereupon, subject to the provisions of Chapter V of the Act read with rules made thereunder.

Can a company lend money?

The good news is, that loans between limited companies are allowed. However, the loan is only allowed if the company making the loan has sufficient funds to cover any liabilities that may arise during the period that the money is outstanding.

What are the restrictions on the borrowing powers of a company?

A company cannot borrow money until it is so authorised by its memorandum. Under Section 179 of the Companies Act, 2013, the directors have the power to pass a resolution to borrow money and the power to borrow money can be delegated only by passing a resolution.

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Can Section 8 companies invest in shares?

There is no specific restriction under Companies Act, 2013 (“CA13”) that prohibits a Section 8 company to invest in shares of ‘for profit’ companies, however, Section 8 of CA13 does emphasis that this company should have the intent to apply its profits or other income in promoting its objects towards art, commerce.

Can a company give loan to shareholders?

LOAN FROM SHAREHOLDER: √ Under Companies Act, 1956 it was allowed to accept loan from the Shareholders and such loan considered as non-deposit.

Can private limited company give loan?

The company can grant a loan or provide guarantee or security with connection to any loan to the managing, or whole-time director when the company satisfies the condition mentioned in Section 185(3) of the Act.

What are the legal requirements which a company must comply with while borrowing?

The Company has to pass a Board resolution under Section 179(3)(d) of the Companies Act, 2013 for borrowing upto aggregate of its paid up share capital, free reserves and share premium account, apart from temporary loans obtained from bankers’ in ordinary course of business.

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What is an example of borrowing power?

Meaning of borrowing power in English the amount of money that a person, company, or government can borrow at a particular time, based on their financial situation: The treasury secretary warned Congress the government will run out of borrowing power by March 1 and may need to act to increase their credit line.

Can Section 8 company pay salary to its directors?

There is not any restriction in payment of remuneration to Page 25 FAQs on Section 8 Companies 21 an employee/director.

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