Inter Company Loan Agreement Template for United States

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Key Requirements PROMPT example:

Inter Company Loan Agreement

"Need an Inter Company Loan Agreement for a $5 million loan from our US parent company to our UK subsidiary, with quarterly interest payments and full repayment by March 2025, including standard tax gross-up provisions for cross-border payments."

Document background
The Inter Company Loan Agreement is essential for documenting financial transactions between affiliated companies under U.S. jurisdiction. It ensures compliance with IRS regulations, particularly regarding transfer pricing and arm's length transactions. This document is crucial when companies within the same group need to establish formal lending arrangements, whether for operational funding, expansion, or strategic purposes. The agreement includes specific provisions required by U.S. law, such as market-rate interest terms, clear repayment schedules, and appropriate corporate authorizations.
Suggested Sections

1. Parties: Identification of the lender and borrower companies, including registration details

2. Background/Recitals: Context of the loan and relationship between the companies

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount and intended use

5. Interest Rate: Interest rate terms and calculation method

6. Repayment Terms: Schedule and method of repayment

7. Representations and Warranties: Standard company representations from both parties

8. Events of Default: Circumstances constituting default

9. Governing Law: Applicable jurisdiction and law

Optional Sections

1. Security: Details of any collateral - include when loan is secured

2. Guarantees: Details of any guarantees provided - include when third-party guarantees are involved

3. Subordination: Priority of the loan relative to other debt - include when multiple creditors exist

4. Tax Provisions: Handling of tax implications - include for cross-border loans

Suggested Schedules

1. Repayment Schedule: Detailed timeline of repayment installments

2. Interest Calculation Examples: Illustrations of interest calculations

3. Form of Drawdown Notice: Template for requesting loan disbursements

4. Security Details: Details of any collateral or security arrangements (for secured loans)

5. Corporate Authorizations: Copies of relevant board resolutions and authorizations

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

Clauses
Industries

Internal Revenue Code Section 482: Transfer pricing regulations governing related party transactions to ensure they are conducted at arm's length

IRC Section 7872: Regulations governing below-market loans and the tax implications of interest rates between related parties

Securities Exchange Act 1934: Federal law governing securities trading and public company obligations for material financial arrangements

Sarbanes-Oxley Act: Corporate governance and financial disclosure requirements for public companies, including related party transactions

Dodd-Frank Act: Financial reform legislation affecting corporate lending and financial transactions

State Usury Laws: State-specific regulations governing maximum permissible interest rates and loan terms

Uniform Commercial Code: State-adopted standardized laws governing commercial transactions, including secured lending

Corporate Authority Requirements: Legal requirements for corporate authorization to enter into loan agreements, including board approvals and resolutions

Bankruptcy Code: Federal laws governing bankruptcy proceedings, including treatment of intercompany loans and creditor priorities

GAAP Requirements: Accounting standards for recording, reporting, and disclosing intercompany loans and related party transactions

Transfer Pricing Rules: Regulations ensuring intercompany transactions, including loans, are priced at market rates

Thin Capitalization Rules: Tax regulations limiting interest deductibility based on debt-to-equity ratios

Fraudulent Transfer Laws: State and federal laws preventing transfers that could defraud creditors, including intercompany loans

Equitable Subordination: Legal doctrine allowing courts to subordinate intercompany loans to other creditors' claims in bankruptcy

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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