Intra Group Loan Agreement for South Africa

Intra Group Loan Agreement Template for South Africa

A comprehensive agreement governed by South African law that establishes the terms and conditions for a loan between companies within the same corporate group. The document incorporates requirements under South African Companies Act, tax legislation, and where applicable, exchange control regulations. It details the loan amount, interest rates (compliant with transfer pricing requirements), repayment terms, security arrangements, and includes necessary provisions for tax implications, default scenarios, and group-specific considerations. The agreement ensures compliance with South African corporate and financial regulations while facilitating efficient intra-group financing.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Intra Group Loan Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Intra Group Loan Agreement?

The Intra Group Loan Agreement is essential for South African corporate groups needing to establish formal lending arrangements between related companies. It is particularly relevant when group companies need to move funds within the organization for various purposes such as subsidiary funding, project financing, or working capital requirements. The document must comply with South African legislation, including the Companies Act 71 of 2008, Income Tax Act 58 of 1962 (particularly transfer pricing and thin capitalization rules), and exchange control regulations where applicable. The agreement is structured to protect both the lending and borrowing entities while maintaining group interests and ensuring regulatory compliance. It includes comprehensive provisions for loan terms, security, defaults, and tax implications, making it suitable for both simple and complex intra-group financing arrangements.

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

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

2. Background: Context of the intra-group loan, relationship between the parties, and purpose of the loan

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Loan: Principal amount, purpose, and drawdown conditions

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

6. Repayment: Terms and conditions for repayment of the loan, including scheduled payments and early repayment provisions

7. Representations and Warranties: Standard representations and group-specific confirmations

8. Conditions Precedent: Requirements to be met before the loan becomes available

9. Undertakings: General and financial covenants applicable to the borrower

10. Events of Default: Circumstances constituting default and consequences

11. Tax Gross-up and Indemnities: Provisions for tax implications and indemnities

12. Changes to Parties: Rules regarding assignment and transfer within the group

13. Notices: Communication requirements and contact details

14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

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

1. Security: Optional section for when security is required for the loan, detailing the type and terms of security

2. Subordination: Required when the loan needs to be subordinated to other group or external debt

3. Exchange Control: Required for cross-border intra-group loans subject to South African exchange control regulations

4. Interest Rate Adjustment: Optional mechanism for adjusting interest rates to maintain arm's length principles

5. Group Treasury Services: Optional section for when the loan is part of broader treasury services arrangements

6. Set-off: Optional provisions for set-off against other intra-group obligations

7. Guarantee: Optional section for when other group companies provide guarantees for the loan

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

1. Loan Details: Schedule specifying loan amount, interest rate, and repayment schedule

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Form of Drawdown Notice: Template for requesting disbursement of the loan

4. Transfer Pricing Compliance: Documentation supporting the arm's length nature of the loan terms

5. Group Structure Chart: Diagram showing relationship between the parties within the group

6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms

7. Security Documents: If applicable, forms of security documents and perfection requirements

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
Relevant Industries

Financial Services

Mining

Manufacturing

Retail

Technology

Energy

Telecommunications

Real Estate

Agriculture

Healthcare

Construction

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Risk Management

Corporate Secretariat

Accounting

Corporate Finance

Relevant Roles

Chief Financial Officer

Financial Director

Group Treasurer

Legal Counsel

Corporate Lawyer

Tax Manager

Financial Controller

Company Secretary

Treasury Manager

Finance Manager

Compliance Officer

Group Accountant

Risk Manager

Corporate Finance 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

Find the exact document you need

Commercial Loan Contract

A South African law-governed agreement establishing terms for commercial lending between a financial institution and a business borrower.

find out more

Hire Purchase Agreement For Motorcycle

A South African law-governed agreement for the purchase of a motorcycle through installment payments, with ownership retention by the seller until full payment.

find out more

Hire Purchase Agreement Motor Vehicle

A South African law-compliant Hire Purchase Agreement for motor vehicles, governing installment-based vehicle purchases with retention of ownership until final payment.

find out more

Business Investment Loan Agreement

A South African law-governed agreement establishing terms and conditions for a business investment loan, including loan amount, interest rates, repayment terms, and security arrangements.

find out more

Auto Loan Promissory Note

A South African law-governed promissory note documenting a vehicle loan agreement with associated security and payment terms under the National Credit Act.

find out more

Facility Agreement Loan

A South African law-governed agreement establishing terms and conditions for a loan facility, including amount, interest, repayment terms, and security arrangements.

find out more

Computer Equipment Loan Agreement

A South African law-governed agreement for the temporary loan of computer equipment, establishing terms, conditions, and responsibilities between lender and borrower.

find out more

Sellers Finance Agreement

A South African legal agreement where the seller provides direct financing to the purchaser, combining sale and credit terms in compliance with local credit legislation.

find out more

Master Securities Loan Agreement

A South African law-governed agreement establishing terms for securities lending transactions between financial institutions, including collateral, margin, and regulatory requirements.

find out more

Hand Loan Agreement

A South African legal document formalizing a loan agreement between parties, typically for private lending, outlining loan terms and conditions in accordance with local law.

find out more

Co Financing Agreement

A South African law-governed agreement establishing terms and conditions for multiple lenders to jointly provide financing, including rights, obligations, and security arrangements.

find out more

Litigation Funding Agreement

A South African law-governed agreement establishing terms for third-party funding of legal proceedings, including funding commitments, success fees, and risk allocation.

find out more

Owner Finance Vehicle Contract

A South African law-governed agreement combining vehicle sale and owner-provided financing terms, compliant with National Credit Act requirements.

find out more

Loan Facilitation Agreement

A South African law-governed agreement establishing terms between loan facilitators and lenders for loan origination and management services.

find out more

Royalty Financing Agreement

A South African law-governed agreement establishing terms for royalty-based financing, including payment terms, calculations, and regulatory compliance requirements.

find out more

Loan Participation Agreement

A South African law-governed agreement establishing terms for a participant's acquisition of an interest in a loan facility, including risk-sharing and administrative arrangements.

find out more

Overfacility Agreement

A South African law-governed agreement establishing terms for additional credit facilities provided by a financial institution to a borrower beyond existing arrangements.

find out more

Loan And Mortgage Agreement

A South African law-governed agreement establishing terms for a property-secured loan, combining lending provisions with mortgage security arrangements.

find out more

Hire Purchase Agreement For Car

A South African law-governed agreement for the purchase of a vehicle through installment payments, with the seller retaining ownership until full payment is made.

find out more

Film Financing Agreement

A South African law-governed agreement establishing terms and conditions for film production financing, including funding structure, security arrangements, and regulatory compliance requirements.

find out more

Vehicle Payment Plan Agreement

A South African law-compliant agreement governing the purchase of a vehicle through scheduled payments, detailing financial terms and ownership conditions.

find out more

Vehicle Finance Contract

A South African law-compliant agreement for vehicle financing between a credit provider and customer, outlining terms of credit, vehicle details, and security arrangements.

find out more

Undertaking Loan Agreement

South African-compliant loan agreement establishing terms for lending money, including repayment conditions and borrower undertakings.

find out more

Trade Finance Facility Agreement

A South African law-governed agreement establishing terms for trade finance facilities between a financial institution and corporate borrower, including facility structure, utilization, and compliance requirements.

find out more

Seller Financing Real Estate Contract

A South African law-compliant agreement for property sale with seller-provided financing, combining real estate transfer and credit provision terms.

find out more

Master Loan Agreement

A South African law-governed framework agreement establishing terms and conditions for ongoing lending arrangements between a financial institution and borrower.

find out more

Margin Loan Agreement

A South African law-governed agreement establishing terms for lending against securities as collateral, with provisions for margin maintenance and regulatory compliance.

find out more

Installment Loan Agreement

A South African law-governed agreement setting out terms for a loan repayable in installments, compliant with the National Credit Act.

find out more

Financial Support Agreement

A South African law-governed agreement establishing terms for financial support between parties, including payment terms, obligations, and compliance requirements.

find out more

Financial Assistance Agreement

South African law-governed agreement establishing terms for providing financial assistance, compliant with the National Credit Act and financial sector regulations.

find out more

Car Installment Agreement

A South African law-compliant agreement for vehicle purchase through installment payments, detailing financial terms, obligations, and ownership conditions.

find out more

Bridge Financing Agreement

South African law-governed agreement for temporary financing arrangements, typically used as interim funding until permanent financing is secured.

find out more

Auto Finance Contract

South African vehicle financing agreement that establishes terms for vehicle purchase financing under National Credit Act requirements.

find out more

Municipal Lease Purchase Agreement

A South African law-governed agreement enabling municipalities to acquire assets through lease-to-own arrangements while ensuring compliance with municipal finance regulations.

find out more

Vehicle Finance Agreement

A South African law-governed agreement setting out terms for vehicle financing, compliant with the National Credit Act and Consumer Protection Act.

find out more

Loan Payoff Agreement

A South African law-governed agreement that documents the terms and conditions for settling and terminating an existing loan, ensuring compliance with local credit legislation.

find out more

Mortgage Bond Agreement

A South African law-governed security agreement creating a mortgage bond over immovable property to secure a loan or other obligation.

find out more

Master Asset Finance Agreement

A South African law-governed master agreement establishing terms for multiple asset financing transactions between a finance provider and customer.

find out more

Development Credit Agreement

A South African law-governed agreement for providing credit facilities for development projects, incorporating local regulatory requirements and development objectives.

find out more

Small Credit Agreement

A South African law-governed credit agreement for small loans, compliant with the National Credit Act, documenting terms between a credit provider and consumer.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now