Împrumutul fără dobândă între societăţi afiliate. Delict fiscal sau delapidare?

Interest-free loans between affiliated companies. Tax fraud or embezzelment?

Mihnea-Andrei NOVAC

Avocat - Baroul Cluj

Abstract

The first part of the study takes into consideration the possibility of a company shareholder being accused of embezzlement, in case he orders interest-free loans from the company accounts to other companies under its control.

In the second part, the legality of granting loans between affiliated companies has been analysed, from the perspective of the incidental fiscal provisions. As a conclusion, in order to understand the practical side, applied to the problem, the paper proposes a series of considerations of the High Court that clarify the intangibility of the company’s activity, carried out in good faith and within the limits of the law, emphasizing that the opportunity of business decisions remains the exclusive attribution of the governing bodies of the company, being unable to fall...