Shareholder Loan Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Shareholder Loan Agreement

"I need a Shareholder Loan Agreement for a 5 million SAR facility from a majority shareholder to our Saudi private limited company, with quarterly profit payments and full repayment by March 2025, including security over company equipment."

Document background
The Shareholder Loan Agreement is commonly used in Saudi Arabia when a company requires additional financing and a shareholder is willing to provide it. This arrangement is particularly useful for companies that may have limited access to traditional banking facilities or prefer internal financing solutions. The agreement must be structured to comply with both Saudi Companies Law and Shariah principles, which prohibit conventional interest-based lending. The document typically includes detailed provisions on the loan amount, profit rate structure, repayment terms, security (if any), and events of default. It's essential for documenting the rights and obligations of both the shareholder-lender and the borrowing company, while ensuring that the financing structure remains Shariah-compliant throughout its term.
Suggested Sections

1. Parties: Identification of the Shareholder(s) as lender(s) and the Company as borrower

2. Background: Context of the loan, relationship between parties, and purpose of the facility

3. Definitions and Interpretation: Key terms, interpretation rules, and Shariah compliance declarations

4. The Facility: Amount, purpose, and Shariah-compliant structure of the loan

5. Conditions Precedent: Documents and conditions required before drawdown

6. Drawdown: Process and requirements for utilizing the loan

7. Repayment: Terms and schedule of repayment, including early repayment provisions

8. Profit Rate: Shariah-compliant profit rate structure (avoiding conventional interest)

9. Representations and Warranties: Standard and Shariah-specific representations by both parties

10. Undertakings: General, financial, and Shariah-related covenants

11. Events of Default: Circumstances constituting default and consequences

12. Notices: Communication procedures between parties

13. Assignment and Transfer: Rights and restrictions on transfer of rights/obligations

14. Governing Law and Jurisdiction: Saudi law provisions and dispute resolution mechanisms

Optional Sections

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

2. Subordination: Required when there are multiple creditors and ranking needs to be established

3. Tax Provisions: Detailed section needed for cross-border transactions or complex tax structures

4. Regulatory Compliance: Additional section for regulated entities or listed companies

5. Currency Provisions: Required for loans not denominated in Saudi Riyals

6. Shariah Board Approval: Detailed provisions when formal Shariah board approval is required

7. Information Undertakings: Extended reporting requirements for larger or more complex facilities

Suggested Schedules

1. Form of Drawdown Notice: Standard form for requesting loan disbursements

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

3. Conditions Precedent Documents: List of required documents and conditions

4. Form of Shariah Compliance Certificate: Template for ongoing Shariah compliance certification

5. Corporate Authorizations: Required corporate approvals and resolutions

6. Calculation of Profit Rate: Methodology for calculating Shariah-compliant profit

7. Security Documents: If applicable, forms of security documentation

8. Contact Details: List of authorized representatives and contact information

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 legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Manufacturing

Technology

Healthcare

Energy

Construction

Retail

Telecommunications

Transportation

Mining

Agriculture

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Corporate Secretarial

Compliance

Risk Management

Corporate Development

Investment

Board of Directors

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Company Secretary

Treasury Manager

Financial Controller

Shariah Compliance Officer

Risk Manager

Investment Director

Board Member

Managing Director

Chief Executive Officer

Corporate Finance Manager

Compliance Officer

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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