Inter Company Loan Agreement Template for Malaysia

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Key Requirements PROMPT example:

Inter Company Loan Agreement

"I need an Inter Company Loan Agreement for a RM 5 million unsecured loan from our Malaysian parent company to its wholly-owned manufacturing subsidiary, with quarterly interest payments and full repayment due by March 2025."

Document background
The Inter Company Loan Agreement is essential for Malaysian corporate groups seeking to implement internal financing arrangements between related entities. This document is commonly used when one company within a group provides financing to another group company, whether for working capital, expansion projects, or other corporate purposes. The agreement must comply with Malaysian legal requirements, including the Companies Act 2016, tax regulations, and transfer pricing rules. It typically includes detailed financial terms, representations and warranties, covenants, and security provisions if applicable. The document is particularly important for establishing clear terms and maintaining proper corporate governance in intra-group financing, while also serving as crucial documentation for regulatory compliance and audit purposes.
Suggested Sections

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

2. Background: Recitals explaining the relationship between the parties and purpose of the loan

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

4. The Loan: Core terms including loan amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment: Repayment schedule, prepayment provisions, and payment mechanics

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

8. Covenants: Positive and negative undertakings by the borrower

9. Events of Default: Circumstances constituting default and consequences

10. Taxes: Treatment of taxes, including withholding tax provisions

11. Notices: Communication procedures between parties

12. Assignment: Rights and restrictions regarding transfer of rights/obligations

13. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction

14. Execution: Signature blocks and execution formalities

Optional Sections

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

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

3. Currency Provisions: Include for loans involving foreign currency

4. Group Company Guarantees: When other group companies are providing guarantees

5. Transfer Pricing Compliance: Detailed provisions for ensuring compliance with transfer pricing rules

6. Change of Control: Include when loan terms should be affected by ownership changes

7. Interest Rate Reset: For longer-term loans where interest rates may need periodic adjustment

Suggested Schedules

1. Loan Terms Schedule: Detailed financial terms including amount, interest rate, and payment dates

2. Drawdown Request Form: Standard form for requesting loan disbursements

3. Repayment Schedule: Detailed amortization or repayment schedule

4. Security Details: Description of any security or collateral (if applicable)

5. Corporate Authorizations: Copies of board resolutions and other corporate approvals

6. Conditions Precedent: List of documents and conditions required before drawdown

7. Group Structure Chart: Corporate structure showing relationship between parties

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

Relevant legal definitions
Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Retail

Healthcare

Energy

Infrastructure

Telecommunications

Mining

Agriculture

Construction

Professional Services

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Secretarial

Risk Management

Internal Audit

Corporate Finance

Accounting

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Legal Counsel

Corporate Secretary

Tax Manager

Compliance Officer

Group Financial Controller

Managing Director

Board Director

Treasury Director

Accounts 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

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