Intercompany Loan Agreement for Australia

Intercompany Loan Agreement Template for Australia

An Intercompany Loan Agreement under Australian law is a formal contract that establishes the terms and conditions for a loan between related companies, typically within the same corporate group. The agreement complies with Australian corporate and tax laws, including the Corporations Act 2001 (Cth) and relevant taxation legislation. It sets out key terms such as loan amount, interest rates, repayment schedules, and default provisions while addressing specific requirements for related party transactions and thin capitalization rules under Australian law.

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What is a Intercompany Loan Agreement?

An Intercompany Loan Agreement is essential for documenting financial arrangements between related companies in Australia. This document is used when one company within a corporate group provides funding to another related company, whether for working capital, expansion, or other business purposes. The agreement must comply with Australian corporate law requirements, particularly the Corporations Act 2001 (Cth) regarding related party transactions, and consider tax implications under Australian taxation laws. It typically includes detailed terms about the loan facility, interest calculations, repayment obligations, and any security arrangements, while ensuring arm's length terms to satisfy transfer pricing requirements. The document is crucial for maintaining proper corporate governance and creating a clear audit trail for regulators and tax authorities.

What sections should be included in a Intercompany Loan Agreement?

1. Parties: Identification of the lender and borrower companies, including ACN/ABN and registered addresses

2. Background: Context of the loan arrangement and relationship between the companies

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount and intended use of funds

5. Interest: Interest rate, calculation method, and payment frequency

6. Drawdown: Conditions and process for accessing the loan funds

7. Repayment Terms: Repayment schedule, method, and currency

8. Representations and Warranties: Standard corporate warranties about capacity and authority to enter into the agreement

9. Events of Default: Circumstances constituting default and consequences

10. Tax Provisions: Treatment of withholding tax and other tax implications

11. Notices: Process for formal communications between parties

12. General Provisions: Standard boilerplate clauses including governing law, amendment process, and severability

What sections are optional to include in a Intercompany Loan Agreement?

1. Security: Details of any security provided for the loan - include if loan is secured

2. Guarantee: Terms of any guarantee provided by a parent company or third party - include if guaranteed

3. Subordination: Priority ranking of the loan compared to other debt - include if there are multiple lenders

4. Change of Control: Provisions dealing with changes in company ownership - include for longer-term loans

5. Financial Covenants: Financial performance requirements - include for larger loans or higher risk borrowers

6. Conversion Rights: Rights to convert debt to equity - include if convertible loan feature is required

7. Transfer Provisions: Rules about transferring loan rights - include if transfer rights are contemplated

What schedules should be included in a Intercompany Loan Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Drawdown Notice: Form of notice for requesting loan disbursements

3. Calculation of Interest: Detailed methodology for interest calculations

4. Security Details: Description of any security assets and registration details

5. Related Party Certificates: Required corporate authorizations and certificates

6. Existing Debt: Schedule of borrower's existing debt obligations

7. Compliance Certificate: Form of certificate for ongoing compliance reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Mining and Resources

Manufacturing

Retail

Technology

Healthcare

Real Estate

Infrastructure

Professional Services

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Risk Management

Corporate Development

Company Secretariat

Accounting

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Company Secretary

Legal Counsel

Corporate Lawyer

Tax Manager

Compliance Officer

Risk Manager

Managing Director

Director of Corporate Development

Group Accountant

Financial Analyst

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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