Loan from NRI to a private company

[gurmukh kotwani]

An indian pvt Ltd. co. wants to accept a loan of Rs. 1 crore from an NRI.can it be accepted and what are terms & conditions & formalities?

[Guest]

Since it is a company limited by shares, kindly first be guided by the provisions of Sec 58A of the Companies Act, 1956, before you avail the loan from the NRI, if he is not a shareholder of the company... Hencee clarify his status vis a vis the co

[Bakul Gandhi]

The company has to comply with the Companies Acceptance of Derposit Rules, 1975u/s 58A of the Companies Act 1956. It has to also comply with the Foreign Exchange Management Act, 1999. The deposits can ot be accepted from NRIs on Repatriation basis as it is discontinued from 2004. Again other RBI guidelines provide that the borrowing should not be for relending,, agriculture/plantaion activity or real esatate business.

AI Summary

Acceptance of deposits from non-resident lenders requires compliance with company deposit rules and foreign exchange restrictions. A private company must determine the NRI lender's status; if not a shareholder, the transaction falls under Sec 58A and the Companies (Acceptance of Deposits) Rules, 1975, requiring compliance. The company must also comply with foreign exchange rules: repatriation basis acceptance from NRIs is discontinued and RBI guidelines bar borrowings for relending, agriculture/plantation, and real estate, together with applicable procedural and reporting formalities.