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Companies Act 1985

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Changes over time for: Section 330

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Version Superseded: 01/10/2007

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Point in time view as at 22/11/2000. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Companies Act 1985, Section 330. Help about Changes to Legislation

330 General restriction on loans etc. to directors and persons connected with them.E+W+S

(1)The prohibitions listed below in this section are subject to the exceptions in sections 332 to 338.

(2)A company shall not—

(a)make a loan to a director of the company or of its holding company;

(b)enter into any guarantee or provide any security in connection with a loan made by any person to such a director.

(3)A relevant company shall not—

(a)make a quasi-loan to a director of the company or of its holding company;

(b)make a loan or a quasi-loan to a person connected with such a director;

(c)enter into a guarantee or provide any security in connection with a loan or quasi-loan made by any other person for such a director or a person so connected.

(4)A relevant company shall not—

(a)enter into a credit transaction as creditor for such a director or a person so connected;

(b)enter into any guarantee or provide any security in connection with a credit transaction made by any other person for such a director or a person so connected.

(5)For purposes of sections 330 to 346, a shadow director is treated as a director.

(6)A company shall not arrange for the assignment to it, or the assumption by it, of any rights, obligations or liabilities under a transaction which, if it had been entered into by the company, would have contravened subsection (2), (3) or (4); but for the purposes of sections 330 to 347 the transaction is to be treated as having been entered into on the date of the arrangement.

(7)A company shall not take part in any arrangement whereby—

(a)another person enters into a transaction which, if it had been entered into by the company, would have contravened any of subsections (2), (3), (4) or (6); and

(b)that other person, in pursuance of the arrangement, has obtained or is to obtain any benefit from the company or its holding company or a subsidiary of the company or its holding company.

Modifications etc. (not altering text)

C1S. 330 modified (1.2.2001) by 2000 c. 38, s. 56(4)(5)(h)(8); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and saving in Sch. 2 Pt. II)

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