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Issue ID: 113672
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Loan to related

Date 25 Apr 2018
Replies 1 Reply
Views 1018 Views
Loan to related party denied where company director is a partner in recipient partnership, despite equity funding.
Whether a private limited company may advance a loan to a partnership firm in which a director who holds half of the company's shares is a partner; the company proposed to fund the advance from equity and has no external borrowings. The responding practitioner advised that such a loan cannot be granted and invited further expert views, flagging related party, fiduciary and statutory considerations. (AI Summary)

Sir

Can a pvt Ltd company can give loan to a partnership firm in which one the director holding 50% shares is also a partner , The company hasn"t taken any loan and it will be from the equity?

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Replied on Jul 4, 2018
1.

In my view it cannot be granted. However I also expect the views of the experts.

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