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Raman Sidu   24 January 2021

Sme loan against property

My friend is a director and major shareholder of a pvt Ltd company. He is in process of a sme loan against property (his own property he is pledging). He has got sanction letter and the process of homeloan transfer is in process. Now he has got an offer from another company to join as director and he needs to resign as director from present company he has major share holding. My query is can he resign from the post while the loan is in process. His brother is coming applicant and one of the director in the company he has applied for sme loan. The loan amount will be coming to company's account. And he has been signing the document as director till now. Can he join the other company or he needs to wait for the process to complete. As the property documents will be released only after 15 days the nbfc pays the bank in which home loan is there and then only transfer money to company's account. Or he should wait for the loan procedure to complete and extend his relieving date.


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 January 2021

Hello,

If he is willing to wait for disbursal of loan then fine. During continuation of loan or till repayment he cannot get back original document of mortgaged property. 

Raman Sidu   24 January 2021

He has no issue with the property getting mortgaged. As he is the major shareholder, he is worried about any litigation as in the loan is yet not disbursed and if Amy further documents he signs after resigning as director from present company will it be forgetting or will it be legal as he is the major shareholder and continue to be the major shareholder. He needs to resign as director to join new company. Kindly give your input on same

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 January 2021

VERY VAGUE and ROUND ABOUT QUERY.  Kindly prefer to coordinate with a Local Corporate Lawyer and a Chartered Accountant for your requirements.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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