The Intercompany Loan Agreement is a crucial document for facilitating financial transactions between related entities within a corporate group under Danish law. It is typically used when one group company provides financing to another, whether for operational needs, expansion projects, or restructuring purposes. The agreement must comply with Danish corporate law, tax regulations, and transfer pricing rules, particularly regarding arm's length terms and documentation requirements. This document includes essential provisions covering loan terms, interest rates, repayment schedules, and default scenarios, while also addressing specific Danish regulatory requirements such as thin capitalization rules and transfer pricing documentation. It serves as both a legal framework for the loan and evidence of compliance with relevant Danish corporate and tax regulations.
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Key Requirements PROMPT example:
Intercompany Loan Agreement
I need an Intercompany Loan Agreement under Danish law for a EUR 5 million loan from our Danish parent company to our German subsidiary, with quarterly interest payments and full repayment by March 2025.
1. Parties: Identification of the lender and borrower companies, including registration numbers and registered offices
2. Background: Context of the loan arrangement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate: Details of the applicable interest rate, calculation method, and payment periods
6. Drawdown: Conditions and procedures for drawing down the loan
7. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions
8. Representations and Warranties: Standard corporate representations and compliance with Danish law
9. Transfer Pricing Compliance: Confirmation that the terms are arm's length and comply with Danish transfer pricing rules
10. Events of Default: Circumstances constituting default and consequences
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction
1. Security: Include when the loan is secured by assets or guarantees
2. Tax Gross-Up: Include when tax implications need to be addressed specifically
3. Currency and Exchange Rate: Include for loans in foreign currency
4. Subordination: Include when the loan needs to be subordinated to other debt
5. Group Company Provisions: Include specific provisions related to group company relationships
6. Change of Control: Include when change in corporate ownership should trigger loan review
7. Financial Covenants: Include when specific financial metrics need to be maintained
1. Repayment Schedule: Detailed amortization table if applicable
2. Transfer Pricing Documentation: Documentation supporting the arm's length nature of the loan terms
3. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney
4. Form of Drawdown Notice: Standard form for requesting loan disbursements
5. Calculation of Interest: Detailed methodology for interest calculations
6. Group Structure Chart: Diagram showing relationship between the parties within the corporate group
Authors
Relevant legal definitions
Agreement
Affiliate
Arm's Length Principle
Borrower
Business Day
Commitment
Danish Business Day
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Documentation
Transfer Pricing Rules
Ultimate Parent Company
Utilization
VAT
Working Capital
Affiliate
Arm's Length Principle
Borrower
Business Day
Commitment
Danish Business Day
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Documentation
Transfer Pricing Rules
Ultimate Parent Company
Utilization
VAT
Working Capital
Clauses
Loan Amount
Interest
Repayment
Drawdown
Transfer Pricing
Representations and Warranties
Covenants
Events of Default
Security
Tax
Payments
Set-off
Assignment
Notices
Amendments
Confidentiality
Force Majeure
Severability
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Termination
Currency
Financial Information
Compliance with Laws
Corporate Authority
Group Company Provisions
Interest
Repayment
Drawdown
Transfer Pricing
Representations and Warranties
Covenants
Events of Default
Security
Tax
Payments
Set-off
Assignment
Notices
Amendments
Confidentiality
Force Majeure
Severability
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Termination
Currency
Financial Information
Compliance with Laws
Corporate Authority
Group Company Provisions
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Real Estate
Energy
Healthcare
Transportation
Construction
Professional Services
Telecommunications
Consumer Goods
Relevant Teams
Legal
Finance
Treasury
Tax
Compliance
Corporate Secretariat
Accounting
Risk Management
Corporate Development
Relevant Roles
Chief Financial Officer
Treasury Manager
Financial Controller
Tax Director
Legal Counsel
Corporate Lawyer
Finance Director
Group Accountant
Transfer Pricing Manager
Corporate Secretary
Finance Manager
Compliance Officer
Group Treasury Director
Head of Legal
Senior Finance Analyst
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