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Corporation Loan To Shareholder Agreement Template for Canada

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Key Requirements PROMPT example:

Corporation Loan To Shareholder Agreement

I need a Corporation Loan To Shareholder Agreement for a $500,000 loan to a minority shareholder who will use the funds to purchase additional shares in our tech company, with quarterly interest payments and full principal repayment by March 2025.

Document background
The Corporation Loan To Shareholder Agreement is essential for Canadian businesses extending loans to their shareholders, requiring careful structuring to comply with Canadian tax and corporate laws. This document is typically used when shareholders require funding for personal or business purposes, and the corporation has available funds to lend. The agreement must address specific requirements under the Income Tax Act to avoid the loan being characterized as a taxable dividend, including setting market-rate interest terms and establishing clear repayment schedules. It's particularly important in private corporations where shareholder loans are common but must be properly documented to maintain corporate validity and tax efficiency. The agreement should be tailored to the specific provincial jurisdiction while maintaining compliance with federal requirements.
Suggested Sections

1. Parties: Identifies the corporation as lender and the shareholder as borrower, including full legal names and addresses

2. Background: Explains the context of the loan, the shareholder's relationship with the corporation, and the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Interest Rate', 'Loan Amount', 'Maturity Date', etc.

4. Loan Terms: Specifies the principal amount, purpose of the loan, and disbursement details

5. Interest: Details the interest rate, calculation method, and payment frequency

6. Repayment Terms: Outlines the repayment schedule, prepayment rights, and method of payment

7. Tax Matters: Addresses tax implications and compliance with Income Tax Act requirements

8. Representations and Warranties: Standard representations from both parties regarding capacity and authority

9. Events of Default: Lists circumstances constituting default and consequences

10. Remedies: Details the rights and remedies available upon default

11. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Security: Required if the loan is to be secured by any assets or guarantees

2. Insurance: Required if the corporation requires life or disability insurance on the shareholder

3. Subordination: Required if the loan needs to be subordinated to other corporate debt

4. Corporate Approvals: Required if specific board or shareholder approvals are needed

5. Financial Covenants: Required for larger loans where ongoing financial requirements are imposed

6. Employment Linkage: Required if loan terms are connected to employment status

7. Share Pledge: Required if shares are being pledged as security

Suggested Schedules

1. Schedule A - Loan Terms: Detailed breakdown of loan amount, interest rate, and payment schedule

2. Schedule B - Repayment Schedule: Amortization schedule if applicable

3. Schedule C - Security Details: Description of any security or collateral if applicable

4. Schedule D - Corporate Resolution: Copy of board resolution approving the loan

5. Appendix 1 - Promissory Note: Standard form promissory note evidencing the debt

6. Appendix 2 - Security Agreement: If applicable, the security agreement for any collateral

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Real Estate

Retail

Healthcare

Construction

Mining

Energy

Agriculture

Transportation

Entertainment

Hospitality

Relevant Teams

Legal

Finance

Tax

Treasury

Corporate Governance

Risk Management

Compliance

Board Secretariat

Corporate Affairs

Accounting

Relevant Roles

Chief Financial Officer

Corporate Lawyer

Tax Director

Company Secretary

Financial Controller

Board Director

Chief Executive Officer

Treasury Manager

Accountant

Corporate Governance Officer

Risk Manager

Legal Counsel

Finance Manager

Tax Manager

Compliance Officer

Industries








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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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