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Intercompany Promissory Note Template for Denmark

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Key Requirements PROMPT example:

Intercompany Promissory Note

I need an Intercompany Promissory Note under Danish law for a 鈧5 million loan from our parent company to our Danish subsidiary, with quarterly interest payments and final maturity in March 2025.

What is a Intercompany Promissory Note?

The Intercompany Promissory Note is a crucial document used to formalize and document loan arrangements between companies within the same corporate group under Danish law. It is typically employed when one group entity provides financing to another, whether for operational needs, expansion projects, or restructuring purposes. The document serves multiple functions: it creates a legally binding obligation, supports tax compliance by evidencing arm's length terms, and provides documentation for accounting and audit purposes. The note must comply with Danish legal requirements, including the Danish Promissory Notes Act (G脙茠脗娄ldsbrevsloven) and relevant corporate and tax regulations. It should contain clear terms regarding the loan amount, interest rates, repayment schedule, and default provisions, while also considering transfer pricing implications and intercompany financing rules.

What sections should be included in a Intercompany Promissory Note?

1. Parties: Identification of the lender (promisee) and borrower (promisor), including full legal names, registration numbers, and registered addresses

2. Background: Brief context of the intercompany relationship and purpose of the promissory note

3. Definitions: Key terms used throughout the document, including 'Business Day', 'Default Event', 'Interest Period', etc.

4. Principal Amount: Clear statement of the loan amount, currency, and date of advancement

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

6. Repayment Terms: Payment schedule, maturity date, and method of payment

7. Representations and Warranties: Basic representations regarding capacity to enter into the agreement and validity of obligations

8. Events of Default: Circumstances that trigger default and acceleration of the note

9. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Intercompany Promissory Note?

1. Prepayment: Terms for early repayment of the note, used when early repayment is permitted

2. Security: Details of any security or guarantees, included when the note is secured

3. Subordination: Terms regarding priority of the debt, included when there are multiple creditors

4. Tax Gross-Up: Provisions for tax implications, included when tax withholding may be required

5. Transfer and Assignment: Terms for transferring the note, included when transferability is contemplated

6. Currency Provisions: Used when the note involves multiple currencies or currency conversion

7. Notice Provisions: Detailed communication requirements, included for more complex arrangements

What schedules should be included in a Intercompany Promissory Note?

1. Repayment Schedule: Detailed schedule of payment dates and amounts, if installment payments are planned

2. Calculation of Interest: Detailed methodology for interest calculations if complex interest arrangements apply

3. Form of Notice: Standard templates for various notices required under the note

4. Transfer Form: Template for documentation of any permitted transfers of the note

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

Manufacturing

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Chief Financial Officer

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