Intra Company Loan Agreement for Australia

Intra Company Loan Agreement Template for Australia

An Australian-law governed agreement used to document and formalize loan arrangements between related entities within the same corporate group. The agreement complies with Australian corporate law requirements, including Corporations Act 2001 provisions regarding related party transactions, and addresses relevant tax considerations under Australian tax legislation. It includes provisions for loan terms, interest calculations, repayment schedules, and necessary corporate governance requirements, while ensuring compliance with transfer pricing regulations and thin capitalization rules applicable in the Australian jurisdiction.

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What is a Intra Company Loan Agreement?

The Intra Company Loan Agreement is a crucial document for facilitating financial arrangements between related entities in a corporate group under Australian law. It is typically used when one group company needs to provide funding to another for various purposes such as working capital, expansion, or project financing. The agreement ensures compliance with Australian regulatory requirements, including the Corporations Act 2001, tax legislation, and transfer pricing rules. It documents essential terms such as loan amount, interest rates, repayment terms, and security arrangements while maintaining the necessary corporate governance standards. This document is particularly important for demonstrating arm's length arrangements to tax authorities and maintaining proper corporate records for audit purposes.

What sections should be included in a Intra Company Loan Agreement?

1. Parties: Identifies the lender and borrower entities within the company group

2. Background: Sets out the context of the loan and relationship between the parties

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan funds

5. Interest: Details the interest rate, calculation method, and payment periods

6. Drawdown: Specifies the conditions and process for accessing the loan funds

7. Repayment Terms: Sets out the repayment schedule and early repayment provisions

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

9. Events of Default: Lists circumstances that constitute default and consequences

10. Tax Provisions: Addresses withholding tax, stamp duty, and other tax implications

11. Assignment: Restrictions on transfer of rights under the agreement

12. Notices: Specifies how formal communications between parties should be made

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

What sections are optional to include in a Intra Company Loan Agreement?

1. Security: Include if the loan is to be secured against specific assets

2. Subordination: Required if the loan needs to be subordinated to other group company debt

3. Currency Provisions: Include for cross-border loans involving multiple currencies

4. Group Company Guarantees: Add if other group companies will guarantee the loan

5. Interest Rate Adjustment: Include for loans with variable or adjustable interest rates

6. Facility Extension: Include if the loan facility may be extended beyond initial term

7. Conversion Rights: Include if loan may be converted to equity or other instruments

What schedules should be included in a Intra Company Loan Agreement?

1. Drawdown Notice: Template form for requesting loan disbursements

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

3. Interest Calculation Methodology: Detailed explanation of interest calculation method

4. Transfer Pricing Compliance: Documentation supporting arm's length interest rate

5. Group Structure Chart: Diagram showing relationship between lender and borrower

6. Security Details: If applicable, details of any security arrangements

7. Required Corporate Authorizations: List of required board and shareholder approvals

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

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Mining and Resources

Manufacturing

Retail

Technology

Healthcare

Real Estate

Infrastructure

Telecommunications

Professional Services

Energy

Agriculture

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Governance

Risk Management

Accounting

Corporate Finance

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Corporate Lawyer

Legal Counsel

Company Secretary

Tax Manager

Group Accountant

Corporate Finance Manager

Compliance Officer

Risk Manager

Director of Finance

Head of Legal

Treasury Director

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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