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Inter Company Loan Agreement

Inter Company Loan Agreement Template for Denmark

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Inter Company Loan Agreement

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Document background
The Inter Company Loan Agreement is used when one company within a corporate group provides financing to another group company under Danish law. This type of agreement is common for group treasury management, efficient capital allocation, and internal financing needs. The document must comply with Danish corporate law requirements, particularly regarding transfer pricing rules that require arm's length terms. It's essential for documenting intra-group financial relationships and ensuring compliance with Danish tax authority requirements. The agreement typically supports various business purposes such as working capital funding, expansion projects, or restructuring activities, while maintaining proper corporate governance within the group structure.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. The Loan: Principal amount, currency, and purpose of the loan

5. Interest: Interest rate, calculation method, and payment dates, ensuring compliance with arm's length principles

6. Drawdown: Conditions and procedures for drawing down the loan

7. Repayment: Terms and schedule for repayment of the principal amount

8. Prepayment: Conditions and procedures for early repayment

9. Tax: Treatment of withholding tax and other tax considerations

10. Representations and Warranties: Standard corporate representations and compliance with Danish law

11. Events of Default: Circumstances constituting default and consequences

12. Transfer Pricing Compliance: Confirmation of arm's length terms and transfer pricing documentation requirements

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Security: Include when the loan is to be secured by assets or guarantees

2. Financial Covenants: Include when specific financial ratios or conditions need to be maintained

3. Subordination: Include when the loan needs to be subordinated to other debt

4. Currency Conversion: Include for loans in foreign currency with conversion provisions

5. Group Treasury Management: Include when loan is part of broader group treasury operations

6. Information Rights: Include when lender requires specific financial reporting from borrower

7. Tax Gross-Up: Include when borrower must gross up payments for withholding tax

Suggested Schedules

1. Drawdown Notice: Form of notice for requesting loan disbursement

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

3. Interest Rate Calculation: Detailed methodology for interest calculation and benchmark documentation

4. Transfer Pricing Documentation: Evidence of arm's length terms and comparable transactions

5. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney

6. Group Structure Chart: Diagram showing relationship between lender and borrower within group

7. Tax Residence Certificates: If relevant for withholding tax purposes

Authors

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Relevant legal definitions
Affiliate
Agreement
Applicable Law
Arm's Length Terms
Banking Day
Borrower
Business Day
Danish Business Authority
Danish Tax Authority
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Financial Indebtedness
Financial Year
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Party/Parties
Permitted Purpose
Prepayment Date
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Documentation
Withholding Tax
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Companies Act (Selskabsloven): Governs corporate entities in Denmark, including their capacity to enter into loan agreements and requirements for corporate approvals
Danish Contracts Act (Aftaleloven): Provides the fundamental legal framework for contract formation, validity, and enforcement in Denmark
Danish Tax Assessment Act (Ligningsloven) §2: Contains transfer pricing regulations requiring arm's length terms for intercompany transactions
Danish Interest Act (Renteloven): Regulates interest rates and payment terms, including default interest provisions
Danish Capital Gains Tax Act (Kursgevinstloven): Governs the tax treatment of gains and losses on debt instruments, including intercompany loans
Danish Corporation Tax Act (Selskabsskatteloven): Contains thin capitalization rules and other tax provisions relevant for intercompany financing
Danish Bookkeeping Act (Bogføringsloven): Specifies requirements for recording and documenting intercompany transactions and loan agreements
Danish Financial Statements Act (Årsregnskabsloven): Provides requirements for how intercompany loans should be reported in financial statements
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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