I would hope that I would rather than laugh in a clients face ask why the client would want to do that, find out all the facts I could before advising that client. As I suspect your accountant would if asked as a serious question.
On the face of it the return you estimate is not a very good one and between two independent businesses would seem to be insufficient. However what is the purpose of the loan, does it protect other interests, are the two actually independent of each, is it a part of a bigger plan, does it ensure other returns etc..... Think you are wrong to insist in the example that the companies are independent very often such deals require a shareholding interest being taken if one did not exist in the first place..... otherwise the finance is sourced from financial institutions and the whole hypothesis is altered
We all know that this hypothetical situation is aimed at the loan relationship between CCC and ACL although the facts are changed in a way that suits a very hypothetical point. The council is not a business, we do not know the rate of return, etc . We do know the loan is tied to the length of the lease, it is secured on the assets of the business, the interest rate is 5% etc. Councils have a far greater social duty than an independent private or even public company. "Profits" to a council are not just monetary
Perhaps you could ask advice from your accountant about two other "clients"..... all hypothetical of course
1) first client wants to lend another company over £10m in various tranches of finance some at interest perhaps 10%pa. Client owns a minority share holding in the company taking the loan. These loans will be secured on the assets of the other company by legal mortgage. The company receiving the loans makes multi million pound losses and has done for years, it has no means of paying the interest let alone the loan capital from its own cash flow, repayment date on some of the loans is set within 12 months. The Company taking the loan has no permanent operating base. The assets providing the security have balance sheet values at less than £2.5m. Is that a good deal to consider?
2) second client is to lend another company over £20m with no security. Client did hold shares but unclear if still do as share holdings were transferred to a third party classed as the owner. Part of the loan will be interest baring. The client will give management of the money lent over to a third party. Again the company receiving the loans makes multi million pound losses and has done for years, it has no means of paying the interest or the loan capital from its own cash flow. The Company taking the loan has no permanent operating base. The assets balance sheet values are at less than £2.5m. Is that a good deal to consider?
When he has stopped falling off his chair laughing ...... his answer should be Why?