Intra Company Loan Agreement for the United States

Intra Company Loan Agreement Template for United States

An Intra Company Loan Agreement is a legally binding document used in the United States to formalize lending arrangements between related entities within the same corporate group. The agreement ensures compliance with U.S. transfer pricing regulations, tax laws, and corporate governance requirements while documenting the terms of the loan, including interest rates, repayment schedules, and any security arrangements.

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What is a Intra Company Loan Agreement?

The Intra Company Loan Agreement is essential for companies operating in the United States that need to document internal financing arrangements between related entities. This agreement is particularly important for compliance with IRS regulations, including transfer pricing rules and Section 482 requirements. The document typically includes loan terms, interest rates (which must be at arm's length), repayment schedules, and security arrangements if applicable. It helps companies maintain proper documentation for tax purposes, demonstrate corporate governance, and establish clear financial relationships between group entities.

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

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

2. Background/Recitals: Purpose of the loan and relationship between the parties

3. Definitions: Key terms used throughout the agreement including financial, corporate and technical definitions

4. Loan Amount and Purpose: Specific amount being loaned and its intended use

5. Interest Rate: Applicable interest rate and calculation method in compliance with transfer pricing regulations

6. Repayment Terms: Schedule and method of repayment including payment dates, amounts, and mechanisms

7. Representations and Warranties: Standard corporate confirmations from both parties regarding their authority and capacity

8. Events of Default: Circumstances constituting default and consequences thereof

9. Governing Law: Applicable jurisdiction and law governing the agreement

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

1. Security: Details of any collateral or security arrangements for the loan

2. Subordination: Priority ranking of the loan in relation to other creditors

3. Tax Provisions: Specific tax treatment, withholding requirements and compliance with IRC regulations

4. Currency Provisions: Exchange rate mechanisms and currency conversion procedures for multi-currency loans

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

1. Repayment Schedule: Detailed schedule of payment dates and amounts

2. Corporate Authorizations: Board resolutions and other corporate approval documents

3. Transfer Pricing Analysis: Documentation supporting the arm's length nature of the interest rate

4. Related Party Documentation: Evidence of relationship between parties and corporate structure

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses
Industries

IRC Section 482: Transfer Pricing regulations governing transactions between related entities to ensure they are conducted at arm's length

IRC Section 7872: Regulations concerning below-market loans and the tax implications of loans with interest rates below the applicable federal rate

Sarbanes-Oxley Act: Corporate governance and financial disclosure requirements for public companies, including related party transaction disclosure

State Usury Laws: State-specific regulations governing maximum allowable interest rates and loan terms

FASB Requirements: Financial Accounting Standards Board guidelines for proper accounting treatment of intercompany loans

GAAP Compliance: Generally Accepted Accounting Principles requirements for recording and reporting intercompany transactions

Transfer Pricing Documentation: Requirements for documenting and justifying the interest rates and terms of intercompany loans

Corporate Authority Documentation: Internal corporate governance requirements including board approvals and authorization for intercompany lending

Fraudulent Transfer Provisions: Bankruptcy law provisions protecting against fraudulent transfers between related entities

Equitable Subordination Rules: Bankruptcy principles governing the treatment of insider loans in case of insolvency

State Corporate Laws: State-specific requirements governing corporate transactions and related party dealings

SEC Regulations: Securities and Exchange Commission requirements for public companies regarding disclosure and reporting of related party transactions

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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