The statutory prohibition on financial assistance is drawn far too widely. Consequently, it renders unlawful what would otherwise be harmless and profitable commercial transactions for companies.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=244161&rec=1&srcabs=220251&alg=1&pos=2. • Communication from the Commission to the European Parliament, The Council, The European Economic and Social Committee and The Committee of the Regions: A Reformed Financial Sector for Europe https://ec.europa.eu/finance/general-policy/docs/general/20140515-erfra-communication_en.pdf. • Financial Services and Markets Act 2000 Further Reading: • Salomon v Salomon [1897] AC 22 • Prest v Petrodel Resources Ltd and others [2013] UKSC 34 • A Hudson, The Law of Finance (2nd Edition, Sweet and Maxwell, 2013), Chapters 1 and 3. • M Jensen and W Meckling, ‘Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure’ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=94043 • R Scott, ‘A Relational Theory of Secured Financing’ (1986) 876 Columbia Law Review 901. • M Frank and V Goyal, ‘Trade-Off and Pecking Order Theories of Debt’, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=670543 • S Frydenberg, ‘Theory of Capital Structure – a Review’, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=556631&rec=1&srcabs=670543&alg=1&pos=1 • Bank of England, ‘The EU Financial Services Action Plan: a guide’ https://www.bankofengland.co.uk/archive/Documents/historicpubs/qb/2003/qb030309.pdf. Research: • E. Fama and M Jensen, ‘Separation of Ownership and Control’, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=94034&rec=1&srcabs=94043&alg=1&pos=6 • M Jensen, ‘Value Maximization, Stakeholder Theory, and the Corporate Objective Function’ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=220671&rec=1&srcabs=94043&alg=1&pos=8. • B Cheffins, ‘The History of Corporate Governance’ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1975404&rec=1&srcabs=94034&alg=1&pos=7  

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