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Can a private limited company take loans from banks?

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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