In continuing my post I forgot to counter on the final justification reply from the board that stated "loan transactions are not regulated by chapter 10"-- there is clear definition in the corporations act regarding what constitutes financial benefit in a related party transaction and there is no grounds for attempting to state that there is ambiguity about this in the corporations act 2001
The next section after 228(which defines a related party) in the corporations act -- is section 229 - that section describes a financial benefit that may be material for these related party transactions-- the Corporations Act inclusion and scope is much broader than just asset didposal or takeover and leaves no leeway for manipulation;---229(3)a clearly includes loans as financial benefit---the full section is included below for the boards and its legal teams education
CORPORATIONS ACT 2001 - SECT 229 Giving a financial benefit
(1) In determining whether a financial benefit is given for the purposes of this Chapter:
(a) give a broad interpretation to financial benefits being given, even if criminal or civil penalties may be involved; and
(b) the economic and commercial substance of conduct is to prevail over its legal form; and
(c) disregard any consideration that is or may be given for the benefit, even if the consideration is adequate.
(2) Giving a financial benefit includes the following:
(a) giving a financial benefit indirectly, for example, through 1 or more interposed entities;
(b) giving a financial benefit by making an informal agreement, oral agreement or an agreement that has no binding force;
(c) giving a financial benefit that does not involve paying money (for example by conferring a financial advantage).
(3) The following are examples of giving a financial benefit to a related party:
(a) giving or providing the related party finance or property;
(b) buying an asset from or selling an asset to the related party;
(c) leasing an asset from or to the related party;
(d) supplying services to or receiving services from the related party;
(e) issuing securities or granting an option to the related party;
(f) taking up or releasing an obligation of the related party.
NKP Price at posting:
5.6¢ Sentiment: Buy Disclosure: Held