The Intra Company Loan Agreement is essential for South African corporate groups seeking to implement internal financing arrangements between related entities. It's commonly used for group treasury operations, project funding, or working capital support within corporate structures. The agreement must comply with Section 45 of the Companies Act 71 of 2008 regarding financial assistance to related companies, and Section 31 of the Income Tax Act 58 of 1962 concerning transfer pricing requirements. The document includes specific provisions for interest rates at arm's length, necessary corporate approvals, and may require consideration of exchange control regulations for cross-border arrangements. This agreement type is particularly important for maintaining proper corporate governance and ensuring tax efficiency in intra-group financing structures.

1. Parties: Identification of the lender and borrower companies, including registration numbers and registered addresses

2. Background: Context of the loan, relationship between the 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, currency, and permitted use of funds

5. Interest: Interest rate, calculation method, and payment terms (ensuring compliance with transfer pricing requirements)

6. Repayment Terms: Repayment schedule, method of payment, and early repayment provisions

7. Conditions Precedent: Conditions that must be met before the loan becomes effective

8. Representations and Warranties: Standard corporate representations and specific financial warranties

9. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements

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

11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction