1. Legal Permissibility
- The Companies Act, 2013 permits private limited companies to borrow money, including loans from banks
- No specific prior approval is needed unless specified in the Articles of Association (AoA) or exceeds borrowing limits
- The board of directors must pass a resolution approving the loan
2. Types of Bank Loans Available
- Term loans for capital expenditure or asset purchase
- Working capital loans like overdrafts, cash credit, or short-term finance
- Project finance for large-scale expansion
- Loan against property or receivables
- Business loans without collateral, based on financial strength and creditworthiness
3. Documentation and Requirements
- Submission of financial statements, project reports, and KYC documents
- Bank may require security or collateral, depending on the loan type
- Personal guarantees by directors or shareholders are often requested for assurance
4. Creation of Charge and ROC Filing
- If the loan is secured by company assets, the company must register the charge with the Registrar of Companies (ROC)
- File Form CHG-1 within 30 days of loan sanction to record the charge
- Ensures transparency and legal recognition of the lender’s interest
5. Repayment and Interest Compliance
- The company must repay the loan as per agreed repayment schedule and interest terms
- Defaults can affect the company’s credit rating and future funding options
- Interest paid is usually allowed as a business expense for tax purposes
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