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Table of Contents
Page Overview
Document Overview
AI Summary of 219. Interpretation and application (Part 5)
Defines key terms for the Part: “credit transaction” as given by subsection (3); “guarantee” to include an indemnity; and “quasi‑loan” as a transaction where a creditor pays or reimburses (otherwise than pursuant to an agreement) for a borrower on terms that the borrower (or a person on their behalf) will reimburse the creditor or where circumstances give rise to such a liability. References to the person to whom a quasi‑loan is made are to the borrower and the borrower’s liabilities include those of any person who agrees to reimburse on the borrower’s behalf.
Specifies credit transactions: hire‑purchase or conditional sale of goods or land; leases or licences of land or hire of goods for periodical payments; and supplies or disposals of land, goods or services where payment is deferred. Excludes leases reserving a nominal annual rent of not more than €100 where a company receives a premium equal to open market value. Sets valuation rules: loan=principal; quasi‑loan=amount or maximum liability; guarantee=amount guaranteed; other transactions=reasonable market price; arrangements under s239(2)/(3)=value less any reductions. Non‑quantifiable items are deemed to exceed €65,000. Defines when a transaction is made for a person (section 7), disapplies the Part to arrangements entered into before 1 February 1991 except for specified treatment of s239(2)/(3), and confirms the Part applies irrespective of governing law.
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219. Interpretation and application (Part 5)
"credit transaction" has the meaning given to it by subsection (3);
"guarantee" includes an indemnity;
"quasi-loan" has the meaning given to it by subsection (2).
(2) For the purposes of this Part -
(a) a quasi-loan is a transaction under which one party (the "creditor") agrees to pay, or pays otherwise than in pursuance of an agreement, a sum for another (the "borrower") or agrees to reimburse or reimburses otherwise than in pursuance of an agreement, expenditure incurred by another party for another (the "borrower") -
(i) on terms that the borrower (or a person on his behalf) will reimburse the creditor; or
(ii) in circumstances giving rise to a liability on the borrower to reimburse the creditor;
(b) any reference to the person to whom a quasi-loan is made is a reference to the borrower; and