Checklist

Shareholder loans and repayments

Document the form of credit, crisis, shareholder status, repayment and set-off separately under the EKEG.

A shareholder loan is not equity-replacing merely because of the lender’s identity. The form and timing of the credit, the crisis and the lender’s shareholder status must be assessed together.

Repayment and set-off are separate review steps. This checklist prepares the facts needed for an assessment under sections 1, 2, 3 and 14 EKEG.

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Legal framework for the review

Section 1 EKEG contains the basic rule for equity-replacing credit; section 2 defines a crisis. Section 3 distinguishes, among other cases, short-term cash or trade credit and a mere extension or deferral of credit granted before the crisis. Section 14 is relevant to repayment and set-off.

This checklist organises the loan, crisis, repayment and set-off for individual review. The German-language article Shareholder loans in a crisis under the EKEG provides further context.

This checklist supports preparation and does not replace legal advice on an individual matter. Court notices and dates must be checked in the actual proceedings.