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Need help in a problem related ''Loan to Business & Loan from Business''

Forums › Technical Problems › Need help in a problem related ''Loan to Business & Loan from Business''

  • This topic has 1 reply, 2 voices, and was last updated 10 years ago by MikeLittle.
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  • August 8, 2014 at 9:58 pm #188710
    Asad
    Member
    • Topics: 1
    • Replies: 0
    • ☆

    Mr. A, Mr. B and Mr. C joined hands for mutual business as partnership firm. They are agreed on equal share in capital and profit & loss. However, after one year Mr. B provided extra Rs. 100,000 for contingency expense on 12% interest rate (Annual) until the repayment. It was not possible to return the loan amount to the Partner Mr. B due to the increasing requirement of capital for flourishing business. Mr. C withdraws Rs. 50,000 on 10% interest rate (Annual) from business resources for the treatment of his wife.

    After few years, all partners agreed to convert partnership firm into public limited company, no change in business line, to meet the capital requirements and all partners with other four members became directors of newly incorporated ABC Corporation. Before signing the directorship document, each director legally bound to subscribe and paid for its shareholding. Mr. B has also been invested one million more in the newly incorporated Company. Company rules allow giving the interest free loan to the directors for not more than one year.

    1. Is Mr. B still having the right to receive interest on its extra-invested amount? If, yes why, not why? Give logical reasoning.

    2. Is Mr. C still liable to pay interest on withdrew amount? If, yes why, not why?

    August 9, 2014 at 5:52 pm #189000
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    It surely depends on the agreement that must have been struck on the conversion of the partnership into a limited company.

    Also it must depend upon your local law as to what is and what is not permissable

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