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Conversion of Loan into Share Capital, Other Topics

Issue Id: - 2493
Dated: 16-12-2010
By:- CHITRA RAGURAM

Conversion of Loan into Share Capital


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A Company received loan from a person and at a future date it is converting the same into share capital. Whether it can do so. If yes for calculating the due date of filing Form 2, the date which has to be considered is the date of receipt of loan or date on which loan is converted into shares.

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1 Dated: 16-12-2010
By:- DEV KUMAR KOTHARI

Shares can be allotted after obtaining share application with request to adjust the loan advanced by applicant

The date of allotment of shares  will be the date relevant for entry of credit to share capital a/c, entry in register of members and date for filing return of allotment.

Adjustment of loan  against share application money , on request of  loan creditor   cannot be called 'repayment of loan' by borrower , for the purpose of S. 269T. however, the AO may raise a dispute in this regard.


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