Cantalapiedra Arenas, Mario
Type of loan to companies characterized by the participation of the lender in the profits of the company financed, plus the collection, generally a fixed rate, with a funding formula intermediate between the capital and the loan long-term. Its basic regulation is contained in Royal Decree-Law 7/1996 of 7 June, on urgent fiscal measures and promotion and liberalization of economic activity and the subsequent Law 10/1996, of December 18 urgent tax measures on correction of intercompany domestic double taxation and on incentives for the internationalization of companies. Based on this law the main characteristics of participatory loans are removed:
- They have a long maturity, so long investment fund company, and usually a long waiting period on repayment of principal.
- The lender receives a floating rate determined by reference to the evolution of the activity of company, hence considered "participatory". The criteria for determining this development is broad and can refer to the net profit to turnover, the total assets or any other freely agreed by the contracting parties. In practice usually set by reference profit or turnover, still common capped this participatory interest rate is set. Also usually it agreed upon fixed rate independent of the evolution of the activity.
- They have a range of enforcement subordinated to any other claim or obligation of company, ranking just ahead of the partners in this, allowing the company to maintain its borrowing capacity and takes the lender to take a similar risk of owners. Usually it required that the company holds own funds above a loan, so the lender is assured not to risk her in the project.
- Are considered net for the purpose of capital reduction and liquidation of companies under commercial law, something that is particularly important in case of unfavorable economic situation of the company, allowing delay settlement recovery by offering more opportunities for heritage.
- You can only cancel in advance if offset by an extension of the same amount in the capital of the company. Thus, the company is undercapitalized and injury prevents other creditors have it. The parties may agree on a penalty clause in case of early repayment.
- Accrued interest, both fixed and variable, on the participating loan are considered deductible for purposes of the taxable corporate income tax starting borrower.
It has traditionally been a type of loan lenders linked to public capital, as the case of the National Innovation Company SA (ENISA) in Spain, although it can also be issued by private entities.
Type of loan to companies characterized by the participation of the lender in the profits of the company financed, plus the collection, generally a fixed rate, with a funding formula intermediate between the capital and the loan long-term. Its basic regulation is contained in Royal Decree-Law 7/1996 of 7 June, on urgent fiscal measures and promotion and liberalization of economic activity and the subsequent Law 10/1996, of December 18 urgent tax measures on correction of intercompany domestic double taxation and on incentives for the internationalization of companies. Based on this law the main characteristics of participatory loans are removed:
- They have a long maturity, so long investment fund company, and usually a long waiting period on repayment of principal.
- The lender receives a floating rate determined by reference to the evolution of the activity of company, hence considered "participatory". The criteria for determining this development is broad and can refer to the net profit to turnover, the total assets or any other freely agreed by the contracting parties. In practice usually set by reference profit or turnover, still common capped this participatory interest rate is set. Also usually it agreed upon fixed rate independent of the evolution of the activity.
- They have a range of enforcement subordinated to any other claim or obligation of company, ranking just ahead of the partners in this, allowing the company to maintain its borrowing capacity and takes the lender to take a similar risk of owners. Usually it required that the company holds own funds above a loan, so the lender is assured not to risk her in the project.
- Are considered net for the purpose of capital reduction and liquidation of companies under commercial law, something that is particularly important in case of unfavorable economic situation of the company, allowing delay settlement recovery by offering more opportunities for heritage.
- You can only cancel in advance if offset by an extension of the same amount in the capital of the company. Thus, the company is undercapitalized and injury prevents other creditors have it. The parties may agree on a penalty clause in case of early repayment.
- Accrued interest, both fixed and variable, on the participating loan are considered deductible for purposes of the taxable corporate income tax starting borrower.
It has traditionally been a type of loan lenders linked to public capital, as the case of the National Innovation Company SA (ENISA) in Spain, although it can also be issued by private entities.