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Board Resolution For Waiver Of Loan for Malta

Board Resolution For Waiver Of Loan Template for Malta

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Board Resolution For Waiver Of Loan

"I need a Board Resolution for Waiver of Loan for our Malta-registered holding company to waive a 鈧500,000 intercompany loan provided to our subsidiary in March 2025, including specific provisions for tax reporting and regulatory compliance."

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Board Resolution For Waiver Of Loan

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What is a Board Resolution For Waiver Of Loan?

A Board Resolution For Waiver Of Loan is a crucial corporate document used when a company's board of directors decides to forgive or cancel a loan owed to the company. Under Maltese law, this document is particularly important as it provides formal evidence of the board's decision-making process and compliance with corporate governance requirements. The resolution typically includes details of the loan being waived, the rationale for the waiver, confirmation that it serves the company's best interests, and any conditions attached to the waiver. It's commonly used in group company restructuring, shareholder relationship management, or financial reorganization scenarios. The document must comply with Malta's Companies Act and consider implications under various laws, including tax regulations and financial services requirements. This resolution is especially relevant in Malta's corporate environment, where international business structures and intercompany financing arrangements are common.

What sections should be included in a Board Resolution For Waiver Of Loan?

1. Company Information: Full legal name of the company, registration number, and registered office address

2. Meeting Details: Date, time, location of the board meeting, and confirmation of quorum

3. Present Directors: List of directors present at the meeting and those absent

4. Chairman: Identification of the chairman of the meeting

5. Loan Details: Description of the loan being waived, including original amount, date, and parties involved

6. Resolution: The formal resolution text waiving the loan, including specific terms and conditions

7. Declaration of Interest: Disclosure of any directors' interests in the matter

8. Confirmation of Company's Best Interest: Statement confirming that the waiver is in the company's best interest

9. Certification: Certification of the resolution by the chairman or company secretary

What sections are optional to include in a Board Resolution For Waiver Of Loan?

1. Regulatory Compliance Statement: Statement confirming compliance with relevant regulations, used when the loan waiver requires specific regulatory notifications or approvals

2. Tax Considerations: Section addressing tax implications of the loan waiver, included when there are significant tax consequences

3. Related Party Disclosure: Detailed disclosure of related party relationships, required when the loan involves related parties

4. Conditions Precedent: Any conditions that must be met before the waiver becomes effective

5. Future Actions: Any required follow-up actions or implementations, included when specific steps need to be taken after the resolution

What schedules should be included in a Board Resolution For Waiver Of Loan?

1. Schedule 1 - Loan Agreement: Copy or details of the original loan agreement being waived

2. Schedule 2 - Financial Statement Impact: Summary of the financial impact of the loan waiver on the company's accounts

3. Schedule 3 - Director's Interest Register: Register showing any directors' interests related to the loan waiver

4. Appendix A - Legal Opinion: Legal opinion confirming the validity and effects of the loan waiver, if obtained

5. Appendix B - Supporting Documents: Any additional supporting documentation referenced in the resolution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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