My Lords, not all adult children may be quite as independent as that of the noble Lord, Lord Sharman. The Law Commission looked at this. Children over the age of 18 are not currently included in the definition for these purposes. The Law Commission recommended that the definition be extended to include adult children, which was supported by their consultation. The Company Law Review endorsed that and the Government are seeking to implement it.
As the Law Commission pointed out, it seems somewhat anomalous that approval should be required for a loan to a director’s 16 year-old child but not to his 20 year-old child. In many cases, adult children will continue to have strong emotional, and possibly financial, ties to their parents. There is obvious scope for avoidance if the definition is not extended to cover adult children. I entirely accept that there may be cases, such as that of the family of the noble Lord, Lord Sharman, where such independence is extreme—or strong, at least.
Company Law Reform Bill [HL]
Proceeding contribution from
Lord Goldsmith
(Labour)
in the House of Lords on Tuesday, 9 May 2006.
It occurred during Debate on bills on Company Law Reform Bill [HL].
Type
Proceeding contribution
Reference
681 c881-2 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:02:22 +0100
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