Companies Act Compliances on Foreign Borrowing
4 ready-to-use formats: Board resolution, borrowing by ECB / trade credit within limits; Special resolution under s.180(1)(c) with explanatory statement; Special resolution under s.180(1)(a), creation of charge for foreign lender; DPT-3 note, foreign borrowings and other exempt receipts.
- 8 pages
- 93
- Word and PDF
- 16 September 2026
The 4 formats inside
- 1Board resolution, borrowing by ECB / trade credit within limitsCompanies Act s.179(3)(d), (f) · FEMA 3(R)/2018-RBOn its own₹149
- 2Special resolution under s.180(1)(c) with explanatory statementCompanies Act ss.180(1)(c), 180(2), 102On its own₹149
- 3Special resolution under s.180(1)(a), creation of charge for foreign lenderCompanies Act ss.180(1)(a), 102 · Schedule I para 11On its own₹149
- 4DPT-3 note, foreign borrowings and other exempt receiptsCompanies (Acceptance of Deposits) Rules 2014 · Rule 2(1)(c), Rule 16On its own₹149
Read the opening
The first part of “Board resolution, borrowing by ECB / trade credit within limits”, as it downloads. Blanks are highlighted.
Certified true copy of the resolution passed at the meeting of the Board of Directors of [Company] held on [Date of Board meeting] at [place / through video conferencing]
BORROWING BY WAY OF EXTERNAL COMMERCIAL BORROWING
"RESOLVED THAT pursuant to section 179(3)(d) and other applicable provisions of the Companies Act, 2013 and the rules made thereunder, the Foreign Exchange Management Act, 1999 and the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 as amended, and within the limit approved by the members under section 180(1)(c) by special resolution dated [DD.MM.YYYY / not applicable, being a private company], the consent of the Board be and is hereby accorded to borrow from [name of lender], [country], a person resident outside India (the "Lender"), an amount not exceeding [ECB currency and amount] by way of external commercial borrowing, on the principal terms placed before the Board, namely: tenor [Tenor of the ECB (years)] years with minimum average maturity of not less than [Minimum average maturity (years)] years; interest at [benchmark + __ bps / __% fixed] p.a.; repayment [Repayment terms of the ECB]; end-use [End-use of the ECB]; and security [unsecured / as below];
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