Founder Loan Agreement for South Africa

Founder Loan Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions under which a founder borrows money from their company or another lending entity. The document details the loan amount, interest rates, repayment terms, security arrangements, and default provisions while ensuring compliance with the South African Companies Act, particularly sections 44 and 45 regarding financial assistance. It includes necessary provisions for tax compliance, corporate governance requirements, and may incorporate conversion rights or other special terms specific to founder relationships.

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What is a Founder Loan Agreement?

The Founder Loan Agreement is a crucial document used when a company founder requires financial assistance from their company or when the company needs to formalize existing financial arrangements with its founders. This agreement, governed by South African law, must comply with the Companies Act 71 of 2008, particularly regarding financial assistance to directors and related parties. The document becomes necessary during various stages of company growth, including startup funding gaps, expansion phases, or personal financial needs of founders. It typically includes detailed terms about the loan amount, interest rates, repayment schedule, security arrangements, and potential conversion rights, while ensuring proper corporate governance and shareholder protections are maintained. The agreement must also address tax implications and may require special approvals under South African corporate law.

What sections should be included in a Founder Loan Agreement?

1. Parties: Identification of the lender and the founder-borrower, including their full details and capacity in which they are contracting

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

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: Interest rate, calculation method, and payment terms

6. Repayment Terms: Repayment schedule, method, and conditions

7. Security: Details of any security or collateral provided for the loan

8. Representations and Warranties: Statements of fact and assurances given by the founder-borrower

9. Covenants: Ongoing obligations of the founder-borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Termination: Conditions and process for terminating the agreement

12. General Provisions: Standard legal clauses including notices, governing law, and jurisdiction

What sections are optional to include in a Founder Loan Agreement?

1. Conversion Rights: Terms for converting the loan into equity, if applicable

2. Board Approval: Required when company board approval is needed under Section 45 of the Companies Act

3. Exchange Control Provisions: Required for cross-border loans or foreign founders

4. Tax Gross-up: Provisions for tax implications and withholding tax requirements

5. Subordination: Required when the loan needs to be subordinated to other company debt

6. Company Guarantees: When additional company guarantees are provided for the loan

7. Early Repayment: Terms for early repayment options and any associated penalties

What schedules should be included in a Founder Loan Agreement?

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

2. Loan Disbursement Schedule: If the loan is to be disbursed in tranches, details of timing and conditions

3. Security Details: Detailed description of any security or collateral provided

4. Company Resolution: Copy of company resolution approving the loan

5. Conversion Terms: Detailed terms and calculations for loan conversion if applicable

6. Related Party Confirmations: Required declarations and confirmations under Companies Act Section 45

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

South Africa

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Start-ups

Financial Services

Professional Services

Manufacturing

Retail

E-commerce

Healthcare

Education

Real Estate

Mining

Agriculture

Renewable Energy

Media and Entertainment

Construction

Relevant Teams

Legal

Finance

Compliance

Corporate Governance

Treasury

Risk Management

Board of Directors

Executive Leadership

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Financial Director

Managing Director

Board Director

Compliance Officer

Financial Manager

Company Founder

Executive Director

Corporate Governance Officer

Treasury Manager

Risk Manager

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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