Liability of a Director Liability of a Director

4 years ago

I have been made director of a pvt ltd co. in 2018 which was incorporated in 2016. I do not have any shares on my name. Now my company is taking a loan from bank for which even I will need to sign on legal documents of bank. If my company defaults payment, will I be liable for the payment of debt? If yes, to what extent?

Banerjee Law Chambers. Prodyut Banerjee- Advocate

Responded 4 years ago

A.The answer is clearly no. You will not be held personally responsible until and unless you have given any personal guarantee/ indemnity. Here Comes the concept "Company is a separate Legal entity". However if the loan is taken for a fraudulent purpose the Corporate veil shall be lifted to see your involvement in the transaction.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 4 years ago

A.YES
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
Normally each Director will be held liable for repayment of loan, be careful before signing the documents.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.Yes, you would be equally responsible for payment of debt
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconBoss told me to resign
Dear Client, An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
question iconCommercial flate
Dear Client, Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
question iconResignation wihout notice period
Dear Client, A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
question iconService Overlap issue
Dear Client, There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some o...
question iconDo I need to serve notice
Dear Client, A trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the trainee to regulate or resolve the dispute between a tra...