Økonomisk bistand fra selskab til ejere og ledelse

This contribution to the book analyses the provision on "economic support" from a private or public limited company either to its owners or to management, i.e. the provisions in the new Danish company act, in force as from 1 January 2010, on loans and guarantees to shareholders and parent companies, including the special problem of the company's own financing of a purchase of shares in the company. The corporate reform has (1) made the compan'ys financing of such purchase possible, subject to certain conditions, (2) confirmed that the provisions on dividends have priority to the prohibition against loans etc. to shareholders; and (3) confirmed what has, through a number of years, been considered as legal: i.e. loans, guarantees etc. from the company to a shareholder if only this is caused by normal business transactions between company and shareholder; this practice has now been codified. The contribution finally argues that the ramaining restrictions against ordinary loans and guarantees to shareholders are oboslete and must be abolished from the company act as soon as possible.