Debt Consolidation Loans for Fair CreditConsolidation loans for fair loans
Handling loans from related parties and persons
A controversial point since the inception of FRS 102 has been the handling of loans that are concluded at lower commercial interest and that are widely used by related companies and individuals, particularly in a group setting where one group member can grant a credit to another group member at lower commercial interest rate.
The loans quoted at a below commercial interest or zero interest rate are usual in groups, but they are also usual in independent companies when loans to a small company are granted by the partners or the members' families to cover working capitals needs.
It is not unusual in practise for loans to be granted to/from a small enterprise or an intra-group credit that is non-structured (i.e. has no official credit terms), so that FRS 102 considers the loans to be on call. As a result, if the lending Group member had previously reported such a facility under non-current debt under old UK GAAP, the facility is classified as held-to-maturity in FRS 102.
The reclassification of a borrower entity's long to short loan in the borrower entity's statement of financial position reduces net working capital, converts net working capital into net working capital, or increases net working capital. It is understandable that this leads to anxiety among the managers of the receiving firm as it may have an influence on the credit ratings of the firm (which may already be low).
And the other work-around would be to turn the credit into a 53-week credit; although, for example, if the group is examined, the auditor will finally ask what the content of the agreement actually is, if the 53-week credit simply continues! Whilst many intra-group loans within a small group or loans to/from directors of a small business are non-structured, this is not the case everywhere.
Remember that a small business can have a revenue of up to 10.2m and therefore it is likely that there will be some small groups or independent businesses that will take out such loans subject to conditions. It is a financial measure if a credit is formalized and below the interest rates of the markets or interest-free.
For a group setting, the Group must value the Group' s net assets (in the credit group member' s books) and liabilities (in the credit group member' s books) at present value with an interest for a similar debt security derivative, such as an interest the Group would apply to an equal term note payable to the group member.
Although this is the case, the accounts of each member of the group involved in the official finance operation must take due consideration of the non-interest-bearing loans at a normal commercial interest rates for an equal value loans. In a small group in which no accounts need to be drawn up if the group makes use of the exemptions under the Stock Corporation Act (s 399, Stock Corporation Act 2006), the accounts of the lender and the borrower show the actual interest payable on the loans.
Valuation difference" is the amount of the excess of the present value of the loans over the fair value of the principal amount. Remeasurement differences are determined as the differences between the amount of the proceeds from the sale of the loans (£350,000) and the present value (£319,629), which is 30,371 and must be recognised in the annual accounts.
The valuation differential is mainly a value change from one company (the holding company) to another company (the subsidiary). Valuation differential is the value of the advantage received by the member of the group because the member (in this case the mother company) grants it a lower commercial interest rate credit (if it took out a credit from its own institution, it would be paying a higher amount of interest so that it obtains an advantage by obtaining a credit from the member/parent company).
Valuation differences also reflect the economic content of the agreement, i.e. the fact that the Group provides the entity with implied funding and the related loans at the lower interest rat. If a valuation differential occurs, it is recognized as follows: For the above example, the holding has borrowed funds from its affiliate, resulting in a valuation differential of £30,371.
One can justifiably say that the FRS 102 financial reporting rules for loans and finance are a challenging one for some. Before the amendment of FRS 102 as part of the three-year period review, FRS 102 provided that all financial operations should be valued at the present value of estimated cash flows that have been adjusted by applying a commercial interest margin on a similar financial asset.
Loan transactions arise when the payments are postponed beyond the usual credit conditions or are funded at an interest below the prevailing interest or zero interest rat. Small-sized enterprises may be funded by directors' stockholders or members of directors' families because of the possibility that commercially available funds may not be available or that the interest charges by the banks may be too high to warrant the use of banks' funds.
This in turn means that it is often hard to obtain an appropriate commercial interest on a similar debt security. The FRC stated in May 2017 that small businesses that have a credit from a principal who is also a stockholder or from a member of a director's immediate family group that includes at least one stockholder would be granted immediate discharge.
Consequently, if the loans come from a manager who is not a member of the small unit and has no immediate relatives, the owners are not eligible for exemption. This discharge effect means that if a small business obtains a credit from a director-shareholder or from a member of a closely related group, if that group includes at least one stockholder who is below the commercial interest or zero interest rate thresholds (which these types of loans usually are), the credit does not need to be discount with a commercial interest on a similar debt security.
This means that the loans can be recorded in the accounts at acquisition costs (transaction price). Facilitation applies only to small businesses (as delimited in the 2006 Companies Act) and small LPs and the small business does not have to report under § 1A FRS 102 to benefit from facilitation.
Neither is it available for loans to a small firm manager nor for intra-group loans (not even in a small group). A few practicians have the feeling that the facilitation for all loans is granted by managers to or from a small business. A number of commentators have suggested that the effect of the facilitation will be insignificant, as such loans are often granted to the entity without conditions; therefore, the loans are considered reimbursable on request, which would in any case prevent the need for discount.
As mentioned above, however, some small enterprises have formal loans and since the threshold values have been raised so that a small enterprise can achieve a sales volume of up to 10.2 million, more of these formal loans are likely to emerge in reality as more medium-sized enterprises have been converted into small ones.
Note that if a director-shareholder or a related member of the immediate family of the said directors grants a small enterprise a credit at an interest rate below the commercial interest rate (or at zero interest rate) which is substantial, the credit is covered by the related parties disclosures in para 1AC.
Therefore, the loans have to be presented as related parties because they were not entered into at arm's length.