Advertise With Us

    can private company take loan from partnership firm?

    Posted By : Hema / Published on : 31-May-2017 04:01 PM / View : 6018 / Comment : 3

    Print button
    can a private company take loan (without interest) from a partnership from where the director is also a partner in the firm?
    Read more on : Unsecured Loan

    • In my view : No can't take loan beacuse as per clarification, partnership firm is not a legal entity only a partner on behalf of its firm can invest in other company. If it will take will be consider as Public deposite.

      14-09-2017 / 05:56:27 AM
      Reply
    • In my understanding,

      Such Partnership firm will be treated as Related Party of such Company because one of the Director is Partner in such firm. For Example, As per Section 141, An Auditor gets disqualified if such a relationship exist between Company and Audit Firm.

      Now, check the Provisions of Loan from Related Parties for more Clarifications.

      23-10-2017 / 07:06:57 PM
      Reply
    • Yes, a private company can take a loan from a partnership firm, subject to certain conditions.

      Under the Companies Act, 2013, a private company can accept loans from any person, except from its directors, members, and their relatives. However, in case of a partnership firm, the partners of the firm will be considered as persons, and therefore, the private company can accept a loan from a partnership firm.

      However, it is important to note that the loan transaction should be done at arm's length, i.e., the terms and conditions of the loan should be fair and reasonable and should not result in any undue advantage or disadvantage to either party. The loan transaction should also be supported by a valid loan agreement, and the private company must ensure that it complies with all other legal and regulatory requirements, such as those relating to the acceptance of loans and filing of necessary forms and returns.

      Therefore, a private company can take a loan from a partnership firm, but it must ensure that the loan transaction is conducted in compliance with all the legal and regulatory requirements.

      04-04-2023 / 09:04:57 AM
      Reply
    Please Select File:



Other Queries from Hema
Latest Queries
Like us on Facebook
Follow Us on Twitter

We are always here to help you. Don’t hesitate to contact us anytime!

+91-9988424211 or ask@compliancecalendar.in