Legal Templates
Simple Intercompany Loan Agreement

Simple Intercompany Loan Agreement for Australia

Simple Intercompany Loan Agreement Template for Australia

An Australian law-governed intercompany loan agreement template designed for use between related corporate entities within the same corporate group. This document provides a straightforward framework for documenting loan arrangements between affiliated companies, incorporating essential provisions required under Australian corporate and tax law. The agreement covers key aspects including loan amount, interest rates, repayment terms, and default provisions, while considering specific Australian regulatory requirements such as transfer pricing rules and thin capitalization requirements where applicable.

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What is a Simple Intercompany Loan Agreement?

The Simple Intercompany Loan Agreement Template is designed for use in the Australian jurisdiction when one company within a corporate group needs to provide financing to another related company. This document is particularly useful for implementing group treasury functions, managing internal cash flow, or facilitating intra-group funding arrangements. The template incorporates key requirements under Australian corporate law, tax legislation, and regulatory guidelines, while remaining sufficiently flexible to accommodate various business purposes. It includes essential provisions for loan terms, interest calculations, and repayment schedules, along with necessary corporate governance considerations for related party transactions. The template is structured to comply with Australian transfer pricing requirements and thin capitalization rules where applicable, making it suitable for both domestic and cross-border intercompany lending within Australia's legal framework.

What sections should be included in a Simple 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 parties

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. The Loan: Principal amount, purpose, and conditions precedent to drawdown

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

6. Repayment: Terms for repayment of principal and interest, including payment methods

7. Representations and Warranties: Standard corporate representations about capacity and authority to enter into the agreement

8. Events of Default: Circumstances constituting default and consequences

9. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

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

1. Security: Include when the loan is to be secured by assets or guarantees

2. Tax Provisions: Include for cross-border loans or when specific tax treatments need to be addressed

3. Currency and Exchange Rate: Include for loans in foreign currency or cross-border transactions

4. Subordination: Include when the loan needs to be subordinated to other debt

5. Transfer Pricing Compliance: Include for cross-border loans to ensure compliance with transfer pricing requirements

6. Early Repayment: Include if early repayment options are to be permitted

7. Assignment and Transfer: Include if rights under the agreement may be assigned or transferred

What schedules should be included in a Simple Intercompany Loan Agreement?

1. Repayment Schedule: Table showing repayment dates and amounts

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

3. Interest Rate Calculation: Detailed methodology for calculating interest

4. Conditions Precedent: List of documents and conditions required before drawdown

5. Security Details: Description of any security provided (if applicable)

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

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Agreement
Applicable Rate
Business Day
Corporations Act
Default Event
Default Interest Rate
Default Notice
Drawdown Date
Drawdown Notice
Effective Date
Event of Default
Facility
Financial Indebtedness
Financial Year
Government Agency
Group
GST
Interest Payment Date
Interest Period
Interest Rate
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Payment Date
Permitted Purpose
Principal
Related Body Corporate
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Term
Working Day
Relevant Industries

Financial Services

Mining and Resources

Manufacturing

Retail

Technology

Healthcare

Real Estate

Construction

Professional Services

Transportation and Logistics

Agriculture

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Governance

Accounting

Executive Management

Relevant Roles

Chief Financial Officer

Financial Controller

Treasury Manager

Group Accountant

Tax Manager

Legal Counsel

Company Secretary

Finance Director

Corporate Lawyer

Managing Director

Finance Manager

Compliance Officer

Group Treasury Director

Financial Analyst

Industries
Corporations Act 2001 (Cth): Primary legislation governing corporate entities in Australia, including requirements for related party transactions and proper execution of documents
Income Tax Assessment Act 1997 (Cth): Contains provisions relating to transfer pricing, thin capitalization rules, and taxation of interest payments between related entities
Tax Administration Act 1953 (Cth): Covers administrative aspects of tax law including record-keeping requirements and penalties for non-compliance with tax obligations
Australian Securities and Investments Commission Act 2001 (Cth): Regulates financial services and products, including certain types of lending arrangements
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law which may be relevant for unfair contract terms, though primarily for external rather than intercompany arrangements
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth): May be relevant for significant financial transactions and reporting requirements
Foreign Investment Review Board (FIRB) Requirements: May be relevant if the loan involves foreign entities or crosses international borders
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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