1. Permitted Under Companies Act
- A private company can accept unsecured loans or deposits from its directors
- Allowed under Section 73(2) of the Companies Act, 2013, and Companies (Acceptance of Deposits) Rules, 2014
- The director must give a declaration that the funds are not borrowed from others
2. No Limit on Amount
- There is no cap or monetary limit on the amount a director can lend to the company
- However, the company must ensure it can repay the loan and record it in its financial statements
3. No Need for Shareholder Approval
- Unlike loans from other parties, no special resolution or prior approval is required for loans from directors
- Must be approved by the board of directors and recorded in the minutes
4. Documentation and Disclosure
- The director must provide a written declaration confirming the loan is from own funds
- Details must be disclosed in the company’s board report, financial statements, and annual return
- Interest on the loan (if applicable) should be paid as per the agreed terms
5. Not Treated as Public Deposits
- Loans from directors are exempted from the definition of “public deposits”, provided the declaration condition is met
- This exemption helps avoid compliance burdens applicable to public borrowing
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