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Intra Group Loan Agreement

Intra Group Loan Agreement Template for Singapore

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Key Requirements PROMPT example:

Intra Group Loan Agreement

"I need an Intra Group Loan Agreement governed by Singapore law for a SGD 10 million loan from our holding company to our manufacturing subsidiary, with quarterly repayments starting March 2025 and a fixed interest rate of 3% per annum."

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What is a Intra Group Loan Agreement?

An Intra Group Loan Agreement is essential for corporate groups operating in Singapore seeking to facilitate internal financing between group entities. This document is particularly relevant when group companies need to establish formal lending arrangements that comply with Singapore's regulatory framework, including transfer pricing regulations and corporate governance requirements. The agreement ensures proper documentation of loan terms, interest rates, and repayment schedules while maintaining compliance with the Companies Act and MAS guidelines. It's particularly important for demonstrating arm's length arrangements to tax authorities and maintaining proper corporate governance.

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

1. Parties: Identification of lender and borrower entities within the group

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

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of loan amount and intended use

5. Interest Rate: Interest rate terms and calculation methodology

6. Repayment Terms: Schedule and method of repayment

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Standard corporate confirmations from both parties

9. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes

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

1. Security: Details of any security/collateral (include when loan is secured)

2. Subordination: Provisions regarding priority of debt (include when multiple group loans exist)

3. Tax Gross-up: Provisions for tax-related adjustments (include for cross-border loans)

4. Change of Control: Provisions dealing with changes in group structure (include if group restructuring is anticipated)

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

1. Schedule 1 - Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Schedule 2 - Form of Drawdown Notice: Template for requesting loan disbursement

3. Schedule 3 - Corporate Authorizations: Copies of relevant board resolutions and powers of attorney

4. Schedule 4 - Transfer Pricing Analysis: Documentation supporting arm's length interest rate

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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alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Available Facility
Banking Day
Borrower
Business Day
Closing Date
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Event of Default
Facility
Final Repayment Date
Finance Documents
Financial Indebtedness
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
SGD
Singapore Dollars
Subsidiary
Tax
Transfer Pricing Requirements
Unpaid Sum
Clauses
Interpretation
Loan Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Tax Gross-up
Representations and Warranties
Information Undertakings
General Undertakings
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Governing Law
Dispute Resolution
Process Agent
Transfer Pricing Compliance
Related Party Transaction Requirements
Corporate Authority
Financial Assistance
Industries

Companies Act (Cap. 50): Primary legislation governing corporate entities in Singapore, including corporate authority, capacity to enter into loans, and directors' duties

Securities and Futures Act (Cap. 289): Regulates financial products and services; relevant for certain types of intra-group financing arrangements

Banking Act (Cap. 19): Governs banking operations and may have implications for intra-group lending activities

Income Tax Act (Cap. 134): Covers tax implications of intra-group loans, including transfer pricing and withholding tax requirements

Transfer Pricing Regulations: Ensures interest rates and loan terms are set at arm's length between related entities

Corporate Authority Requirements: Internal corporate approvals, board resolutions, and documentation needed for the loan

Directors' Fiduciary Duties: Legal obligations of directors to act in company's best interest when approving intra-group loans

Contract Act (Cap. 53): Basic contract law principles governing formation and enforcement of loan agreements

MAS Requirements: Monetary Authority of Singapore regulations affecting intra-group financing

Corporate Governance Requirements: Internal controls and governance procedures for related party transactions

Disclosure Obligations: Requirements for reporting and disclosing related party transactions in financial statements

Stamp Duties Act: Potential stamp duty implications on loan documentation

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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