Thursday, September 24, 2020

Provision for Loan Taken by Private Companies As Per Companies Act, 2013

Permissible Loan by Private Companies from Shareholders, Directors and Their Relatives

In this editorial author discusses about Provisions of loan from directors, shareholders and their relatives by Private Limited Company, limit in accepting loans and Process of acceptance of loan from shareholder.

PRIVATE LIMITED COMPANIES
  • Under Companies Act, 1956 it was allowed to accept loan from the Shareholders and such loan considered as non-deposit.
  • Under Companies Act, 2013 since 01st April, 2014 it was not allowed to accept deposit from shareholder
  • MCA issue Exemption notification for Private Limited Companies on 05th June, 2015 states that:
Chapter V, clauses (a) to (e) of sub-section (2) of section 73, Shall not apply to a private company which accepts from its members monies not exceeding one hundred per cent, of aggregate of the paid up share capital and free reserves, and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified i.e. DPT-3.”
  • MCA issue Exemption notification for Private Limited Companies on 13th June, 2017 states that:
Chapter V, clauses (a) to (e) of sub-section (2) of section 73, Shall not apply to a private company which fulfils all of the following conditions ; namely-

 (A) which accepts from its members monies not exceeding one hundred per cent. of aggregate of the paid up share capital, free reserves and securities premium account; or

 (B) which is a start-up, for five years from the date of its incorporation; or

 (C) which fulfils all of the following conditions, namely:-

(a)which is not an associate or a subsidiary company of any other company
(b) if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice of its paid up share capital or fifty crore rupees, whichever is lower; and

(c) such a company has no default in repayment of such borrowings subsisting at the time of accepting deposits under this section.”

Summary of Notifications concluded as follows:

S. No.

Date From  – To

Provisions

1.

From 01-04-2014

To 05-06-2015

 

Not allowed to accept loan from shareholders

2.

From 05-06-2015

To 13-06-2017

Allowed to accept loan from shareholders upto 100% of paid up share capital and free reserve (subject to exemption of some compliances)

3.

From 13-06-2017

Till date

Allowed to accept loan from shareholders any limit if fulfill three conditions mentioned above.


This table specifies the entities or individuals from whom a Private Limited Company might borrow funds:

S. No.

Entity or Person

Loan Acceptance

1

Director

It is allowed, provided a declaration is given by the director that the sum has not been given out of funds acquired through him by borrowing or accepting loans or deposits from others

2

Relative of Director

It is allowed as Ministry of Corporate Affairs through its notification dated 15.09.2015 has furnished that a private company could  accept unsecured loans apart from director also from a relative of Director providing the relative of director from whom money is received, provides to the corporation at the time of giving the money, a declaration in writing towards the effect that the sum is not being given out of funds acquired through him by borrowing or accepting loans or deposits from others as well as the corporation shall disclose the details of money so accepted in the Board’s report.  The relative may not be a shareholder of the corporation

3

Shareholders

Where money accepted from members go beyond 100% of the Paid-up share capital and free reserves.

Where sum accepted from members doesn’t go beyond 100% of the Paid-up share capital and free reserves.

 

 

It is not allowed

It is allowed subject to:  Passing a member’s resolution by making provision for security, relating to any for due repayment of the sum of deposit accepted and interest thereon (not below 12.5% at present) which includes the creation of charge (Form CHG1) on the property or assets of the Corporation.  Filing the details of the money accepted with the registrar.

4

Relative of Shareholders

It is not allowed as such a borrowing might take place nevertheless, subject to the fulfilment of conditions as prescribed in Section 73 of the Companies Act, 2013.

5

An individual who is Director and Shareholder Both

It is allowed, provided a declaration is given by the director that the sum has not been given out of funds acquired through him by borrowing or accepting loans or deposits from others.

6

Employee

It is allowed, the sum borrowed should not exceed the employees’ annual salary in the nature of interest-free security deposit.


DISCLAIMER: The information given in this document has been made on the basis of the provisions stated in the Notification. It is based on the analysis and interpretation of applicable laws as on date. Under no circumstances whatsoever, the blogger shall not be responsible for any loss, claim, liability, damage(s) resulting from the use, omission or inability to use the information provided in the document. 


By
CS Diwakar Agrawal
Mob: +91-9911746549


Saturday, May 2, 2020

Compliance of GST, Income Tax, MCA, SEBI due for May 2020


Compliance of GST, I.T., SEB, MCA for May 2020

 No.
Actual Date
Extended Date
Nature of Compliance
Compliance Period
Nature of Compliance in Detail
Important Notes
1
07-May-2020
NA
April-2020
Due date of depositing TCS liabilities for the previous month
Date of payment not extended but Government has reduced Interest on late payment of TDS from 12% and 18% to 9%, if payment made between 20th March to 30th June 2020.
2
07-May-2020
NA
April-2020
Equalisation Levy is a direct tax, which is withheld at the time of payment by the service recipient where the annual payment made to one service provider (Non-Residents only)  exceeds Rs. 1,00,000 in one financial year for the specified and notified services.
Date of payment not extended but Government has reduced Interest on late payment of TDS from 12% and 18% to 9%, if payment made between 20th March to 30th June 2020.
3
20-April-2020
05-05-2020 for interest / 24-06-2020 for late fees
GSTR-3B
March-2020
Due Date for filling GSTR - 3B which aggregate turnover More than 5 Crores in the previous month
As per Notification number- 31/2020 – Central Tax dated 03.04.2020, due date for Interest is 05.05.2020.  After that rate of interest will 9% p.a. if GSTR 3B is furnished upto 24.06.2020. As per Notification number- 32/2020– Central Tax dated 03.04.2020 due date for Late Fees and Penalty is 24.06.2020.
4
15-April-2020
15-May-2020
Providend Fund
March-2020
Due Date for payment of Provident fund contribution for the previous month.
Date extended through Notification dated 15.04.2020
5
15-April-2020
15-May-2020
ESI
March-2020
Due Date for payment of ESI contribution for the previous month.
Date extended through Notification dated 15.04.2020
6
31-May-2020
30-June-2020
FY 2019-20
Due date for furnishing of statement of financial transaction (in FORM NO-61A) as required to be furnished ubder sub- section(1) of section 285BA of Income Tax Act,1961.
The CBDT vide the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 dated 31-03-2020 has extended all respective due dates, falling during the period from 20-03-2020 to 29-06-2020, till June 30, 2020.
7
31-May-2020
30-Jun-2020
Quarter 4 March 2020
Due date for submission of quarterly satatement of TDS deposited for Jan - Mar 20
The CBDT vide the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 dated 31-03-2020 has extended all respective due dates, falling during the period from 20-03-2020 to 29-06-2020, till June 30, 2020.
8
30-May-2020
30-Sep-2020
PAS -6
2nd Half of FY 2019-20
Reconciliation of Share Capital Audit Report on half yearly basis by unlisted public company
General Circular No. 16/2019 dated 28-11-2019 
9
30-May-2020
30/09/2020
LLP Form 11
FY 2019-20
Annual return containing basic information about Name, Address of LLP, details of Partners/ Designated Partners, other details
General Circular No. 11 /2020 dated 24-03-2020, Moratorium period from 1st April to 30th September is given for all document, return, statement etc., required to be filed in the MCA-21. No additional fees will be charged till 30th September 2020.
10
30-April-2020
30/05/2020
Reg. 76
March QuarterFiling of Reconciliation of Share Capital Audit Report 
SEBI (DP) Regulations, 1996 
11
21-April-202031/05/2020Reg. 7(3)March QuarterFiling compliance certificateSEBI (LODR) Regulations ,2 015
12
22-May-2020
06-June-2020
April-2020
Due Date for filling GSTR - 3B which aggregate turnover upto 1.5 Crores in the previous month
As per Notification number- 31/2020 – Central Tax dated 03.04.2020, due date for Interest is 06.07.2020. As per Notification number- 32/2020– Central Tax dated 03.04.2020 due date for Late Fees and Penalty is 06.07.2020.
13
22-May-2020
30th June 2020
April-2020
Due Date for filling GSTR - 3B which aggregate turnover More than 1.5 Crores but upto 5 crore in the previous month
As per Notification number- 31/2020 – Central Tax dated 03.04.2020, due date for Interest is 30.06.2020. As per Notification number- 32/2020– Central Tax dated 03.04.2020 due date for Late Fees and Penalty is 30.06.2020.
14
20-May-2020
05-May-2020
April-2020
Due Date for filing GSTR - 3B which aggregate turnover More than 5 Crores in the previous year
As per Notification number- 31/2020 – Central Tax dated 03.04.2020, due date for Interest is 04.06.2020.  After that rate of interest will 9% p.a. if GSTR 3B is furnished upto 24.06.2020. As per Notification number- 32/2020– Central Tax dated 03.04.2020 due date for Late Fees and Penalty is 24.06.2020.
15
20-May-2020
30-Jun-2020
April-2020
GSTR-5A to be filed by OIDAR Service Providers for the previous month.
As per Notification number- 35/2020 – Central Tax dated 03.04.2020
16
20-May-2020
30-Jun-2020
April-2020
GSTR-5 to be filed by Non-Resident Taxable Person for the previous month.
As per Notification number- 35/2020 – Central Tax dated 03.04.2020
17
15-May-2020
NA
April-2020
Due Date for payment of Provident fund and ESI contribution for the previous month.

18
15-May-2020
NA
April-2020
Due Date for payment of Provident fund contribution for the previous month.

19
13-May-2020
30-Jun-2020
April-2020
Due Date for filing return by Input Service Distributors.
As per Notification number- 35/2020 – Central Tax dated 03.04.2020
20
11-May-2020
30-Jun-2020
April-2020
GST Filing of returns by the registered person with an aggregate turnover of more than 1.50 crores.
As per Notification number- 33/2020 – Central Tax dated 03.04.2020
21
10-May-2020
30-Jun-2020
April-2020
GSTR-8 is a return to be filed by the e-commerce operators who are required to deduct TCS (Tax collected at source) under GST.
As per Notification number- 35/2020 – Central Tax dated 03.04.2020
22
10-May-2020
30-Jun-20
April-2020
GSTR 7 is a return to be filed by the persons who is required to deduct TDS (Tax deducted at source) under GST.
As per Notification number- 35/2020 – Central Tax dated 03.04.2020

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DISCLAIMER: The information given in this document has been made on the basis of the provisions stated in the Notification. It is based on the analysis and interpretation of applicable laws as on date. Under no circumstances whatsoever, the blogger shall not be responsible for any loss, claim, liability, damage(s) resulting from the use, omission or inability to use the information provided in the document. 

By
CS Diwakar Agrawal
Mob: +91-9911746549