Director's loan agreement
A director shareholder doesn’t have to sign a loan agreement when they borrow money from their company. The terms of borrowing can be agreed orally or just implied. However, in certain situations a director is required by company law to obtain permission from the shareholders prior to borrowing company money.
Get it in writing
Shareholder approval (generally by ordinary resolution) is only required for directors’ loans in excess of £10,000 (the limit is £50,000 if the loan is to meet expenditure on company business). But in all situations where a company lends money to a director we recommend that a written agreement setting out the key terms should be drawn up. Apart from anything else it will help prove the existence of a loan where HMRC makes enquiries.
Use and modify as needed our sample loan agreement for all company to director loans.
Related Topics
-
When should you submit a protective claim to HMRC?
Your business has charged VAT on some sales but a recent tribunal decision has indicated that the goods are zero-rated according to the law. Should you submit a claim to HMRC for a rebate on your past sales?
-
Does personal use of business AI tools put tax relief at risk?
You’re self-employed and recently found a subscription service for an AI tool that can do the majority of your admin tasks. It’s so efficient that you’ve started to use it increasingly for non-business tasks too. Can you still claim tax relief?
-
Shifting private residence relief to maximise tax saving
Last year you bought a second home which has increased in value. Meanwhile your main home has devalued. How can you use a tax election to obtain loss relief for one property while exempting the gain on the other?