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Insider Loans Corporations Code

Allen Matkins

These Loans Can Be Problematical Even When The Borrower Isn’t An Officer or Director

Allen Matkins on

I spent most of last week discussing California Corporations Code Section 315. As a reminder, that statute prohibits a corporation (Section 162) from making a loan of money or property to, or guaranteeing the obligation of,...more

Allen Matkins

D&O Loans: California Section 315 Versus Sarbanes-Oxley Section 402

Allen Matkins on

Although both Section 315 of the California Corporations Code and Section 402 of the Sarbanes-Oxley Act purport to ban loans to directors and officers, there are significant differences between these statutes.  Below is a...more

Allen Matkins

California’s D&O Loan Ban And Advancement Of Expenses

Allen Matkins on

Yesterday’s post outlined the general scope of the ban on loans to directors and officers found in Section 315 of the California Corporations Code. Because Section 315 doesn’t define “loan”, it may not always be clear...more

Allen Matkins

California’s Ban On Loans To Directors And Officers

Allen Matkins on

California banned loans to directors and officers decades before Congress thought of doing so as part of the Sarbanes-Oxley Act of 2002.  Current Corporations Code Section 315 prohibits corporations from making loans of money...more

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