In addition to bank loans and loans from third parties, shareholders (managing directors) can also underlay their own limited liability company with loans, the so-called shareholder loan. This is an advantage if the OwnH only has a limited credit memo requirement and you do not want to provide a permanent equity capital (share capital), if you want to take advantage of your OwnH’s business tax exemption for interest. Within the framework of tax audits, loan agreements between the shareholders and the OwnH are processed particularly intensively.
Loans to your OwnH were completely re-regulated.
If you granted loans to your limited liability company in a crisis situation or did not deduct existing loans at the time of the crisis situation, these were classified as equity-equivalent. Therefore, they were not allowed to settle the loans before the end of time. In the event of insolvency, they were considered equity-equivalent. However, it was very difficult to determine exactly when a crisis situation will start and which falls exactly under the capital-replacing loans. outrcken.
Because if a partner with more than 10 percentage points of the OwnH granted a loan, which is in the case of bankruptcy exactly the same as passive capital and / or own funds. In the case of bankruptcy, a partner will generally no longer be aware of his partner loans (“Section 39 (1) of the Bankruptcy Code”). The non-executive director, who is committed to the OwnH with a maximum of 10 percentage points, is however preferred.
These loans are not considered subordinate and can therefore be enforced in the insolvency proceedings as well as claims of other creditors. Example 2: ABC OwnH has been in crisis since 2005, with a share of 50 percentage points, 40 percentage points and 10 percentage points. On November 1, 2008, you will grant the companies loans of E 100,000 each.
On 01.11.09 the loan will be redeemed to A. There are currently assets in the amount of EUR 300,000 on the assets side and the liabilities side, EUR 100,000 on C, EUR 100,000 on C and EUR 400,000 on other liabilities. Solution: The credit claims of the federal government in the amount of 100,000 EUR are in the sense of 39 insolvency orders subordinated and thus for the lost federal territory.
It is no longer possible to challenge the loan repayment to A because the one-year deadline for repayment of the loan repayment has been exceeded. The C (because no CEO and only with 10 percentage points involved) is considered as a privilege like the other creditors. Because the bankruptcy rate is around 3/5 (300,000 assets in relation to 500,000 EUR of relevant debt), C gets back around 60,000 EUR and B nothing at all.