Ltd company loans
Discussion
I realise that a ltd co making loans to directors is iffy (and can be illegal), and making interest-free loans to employees would require them to declare a benefit-in-kind; but which regulations apply if a company chooses to loan money interest-free to someone who is neither a director of said company, nor an employee?
Edited by zadumbreion on Monday 5th January 21:26
If that person is "connected" to a director or employee of the company, then the loan will be governed by the same rules.
The definition of "connected" is pretty wide but usually means a spouse, a relative or someone connected to a spouse or relative.
A shareholder would also be defined as a "connected person".
The definition of "connected" is pretty wide but usually means a spouse, a relative or someone connected to a spouse or relative.
A shareholder would also be defined as a "connected person".
Eric Mc said:
If that person is "connected" to a director or employee of the company, then the loan will be governed by the same rules.
The definition of "connected" is pretty wide but usually means a spouse, a relative or someone connected to a spouse or relative.
A shareholder would also be defined as a "connected person".
But not a friend....?The definition of "connected" is pretty wide but usually means a spouse, a relative or someone connected to a spouse or relative.
A shareholder would also be defined as a "connected person".
mas99 said:
Given that the duty of the directors is to protect company assets and make a profit, why would they choose to make an interest free loan to an unconnected person?
I'd regard this as worthy of further investigation if I were an HMRC bod.
It is not the duty of the Director(s) to make a profit - that is usually merely an aspiration. Nor is it explicitly a duty to protect a company's assets, only to operate in the shareholders' best interests.I'd regard this as worthy of further investigation if I were an HMRC bod.
Note that the new Companies Act has widened the Directors' responsibilities to include various social and other obligations. It is possible that an interest-free loan to an unconnected party (such as to a community group) could fall within those new, revised legal duties.
Since an interest-free loan would not, by its nature, be any form of business investment (unless there was something more complex going on, such as lending start-up capital in return for a share of future profits), it might be that (depending upon the Articles) it would need specific shareholder approval.
Gassing Station | Business | Top of Page | What's New | My Stuff


