Loan Agreement Between Director And Company Template for Canada

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Loan Agreement Between Director And Company

I need a standard Loan Agreement Between Director And Company for an unsecured loan of $250,000 with 5% annual interest, to be repaid in monthly installments starting March 1, 2025.

Document background
A Loan Agreement Between Director And Company is a critical document used when a director provides financial support to their company through a formal loan arrangement. This agreement is particularly relevant in the Canadian business context where companies seek alternative financing options or require bridge funding. The document must comply with Canadian federal and provincial corporate laws, tax regulations, and securities requirements if applicable. It typically includes detailed terms about the loan amount, interest rate (considering Criminal Code interest rate limitations), repayment schedule, and any security arrangements. The agreement should reflect board approval and proper corporate governance procedures, while addressing potential conflicts of interest and ensuring fair terms for both parties. This type of agreement is commonly used in both private and public companies, though public companies may face additional disclosure requirements under securities laws.
Suggested Sections

1. Parties: Identifies the director as lender and the company as borrower, including full legal names and addresses

2. Background: Explains the context of the loan, confirms director's capacity, and states board approval

3. Definitions: Defines key terms used throughout the agreement

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

5. Interest Rate: Details the applicable interest rate, calculation method, and payment frequency

6. Repayment Terms: Outlines the repayment schedule, including principal and interest payment dates

7. Representations and Warranties: Standard corporate representations and specific declarations regarding the loan

8. Events of Default: Defines circumstances constituting default and consequences

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

10. Governing Law: Confirms Canadian law governance and jurisdiction

11. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability

Optional Sections

1. Security: Include when the loan is secured by company assets or other collateral

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

3. Conversion Rights: Include if the loan can be converted to equity

4. Prepayment Terms: Add if early repayment is allowed with specific terms

5. Tax Provisions: Include detailed tax treatment if complex tax implications exist

6. Board Approval Process: Add detailed approval process if required by corporate governance

7. Regulatory Compliance: Include for public companies or when specific regulatory requirements apply

Suggested Schedules

1. Schedule A - Repayment Schedule: Detailed amortization schedule showing all payment dates and amounts

2. Schedule B - Board Resolution: Copy of board resolution approving the loan

3. Schedule C - Security Details: Description of any security or collateral (if applicable)

4. Appendix 1 - Loan Disbursement Instructions: Details of how and when loan funds will be transferred

5. Appendix 2 - Compliance Certificate: Template for periodic compliance certification if required

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

Relevant Industries

Technology

Manufacturing

Professional Services

Retail

Healthcare

Real Estate

Construction

Financial Services

Mining

Energy

Agriculture

Transportation

Telecommunications

Entertainment

Education

Relevant Teams

Legal

Finance

Corporate Governance

Treasury

Compliance

Risk Management

Board Secretariat

Corporate Affairs

Executive Management

Audit

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Director

Corporate Secretary

General Counsel

Legal Counsel

Finance Director

Treasury Manager

Compliance Officer

Corporate Governance Officer

Board Member

Financial Controller

Risk Manager

Company Secretary

Managing 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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