A good ruling on financial assistance: collateral given to secure third-party borrowings is not invalid

This latest Supreme Court ruling on the prohibition of financial assistance in the purchase of shares in the assisting company (assisting as ‘borrower for third party debt’) is to be praised, erasing the bad taste left by the reading of the immediate precedent (Supreme Court Judgment of 20 April 2023, Ezentis) which held an agreement to underwrite the value of the shares sold by the company invalid.

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