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Intragroup Loan Agreement

Intragroup Loan Agreement Template for India

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Key Requirements PROMPT example:

Intragroup Loan Agreement

"Need to draft an Intragroup Loan Agreement for a secured loan of INR 50 crores from our Indian parent company to its wholly-owned manufacturing subsidiary, with the loan to be disbursed in January 2025 and secured against the subsidiary's property in Mumbai."

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Document background
The Intragroup Loan Agreement is essential for documenting financial arrangements between related corporate entities in India. It is primarily used when one group company extends a loan to another group company, requiring careful consideration of related party transaction rules under the Companies Act, 2013, and transfer pricing regulations under Indian tax laws. The document becomes necessary when group companies need to efficiently allocate resources within their corporate structure, whether for working capital, expansion projects, or other corporate purposes. The agreement must comply with specific Indian regulatory requirements, including RBI guidelines, corporate governance norms, and statutory reporting obligations. It should be customized based on factors such as the loan amount, security structure, and whether the arrangement involves cross-border elements requiring FEMA compliance.
Suggested Sections

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

2. Background: Context of the intragroup loan, relationship between parties, and purpose of the loan

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

4. Loan Amount and Purpose: Specification of the loan amount and detailed purpose for which the loan is being provided

5. Interest Rate and Computation: Interest rate, basis of computation, and payment intervals

6. Drawdown: Conditions and procedure for disbursement of the loan

7. Repayment Terms: Schedule of repayment, prepayment provisions, and payment mechanics

8. Representations and Warranties: Standard and specific representations by both parties

9. Covenants: Positive and negative obligations of the borrower

10. Events of Default: Circumstances constituting default and consequences

11. Tax Provisions: Treatment of taxes, including withholding tax obligations

12. Regulatory Compliance: Compliance with Indian laws, including Companies Act and RBI regulations

13. Notices: Process and addresses for serving notices

14. Governing Law and Jurisdiction: Indian law as governing law and jurisdiction clause

Optional Sections

1. Security: Details of any security/collateral for the loan - include if the loan is secured

2. Guarantee: Terms of any corporate or personal guarantee - include if guaranteed

3. Insurance: Insurance requirements for secured assets - include if loan is secured

4. Transfer Pricing Compliance: Detailed transfer pricing provisions - include for cross-border group entities

5. Currency and Exchange Rate: Currency provisions and exchange rate mechanisms - include for loans in foreign currency

6. Board Approval: Specific board resolution requirements - include for loans above materiality threshold

7. Subordination: Subordination provisions - include if loan needs to be subordinated to other debts

Suggested Schedules

1. Repayment Schedule: Detailed amortization schedule with payment dates and amounts

2. Form of Drawdown Notice: Template for requesting disbursement of loan tranches

3. Conditions Precedent: List of documents and conditions to be satisfied before drawdown

4. Corporate Authorizations: Copies of relevant board resolutions and corporate authorizations

5. Security Details: Detailed description of security/collateral if applicable

6. Related Party Transaction Compliance: Documentation demonstrating compliance with related party transaction requirements

7. Transfer Pricing Documentation: Supporting documentation for arm's length nature of interest rate

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses































Relevant Industries

Banking and Financial Services

Manufacturing

Information Technology

Pharmaceuticals

Real Estate

Infrastructure

Retail

Telecommunications

Energy and Utilities

Construction

Healthcare

Automotive

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Secretarial

Risk Management

Corporate Development

Internal Audit

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Company Secretary

Financial Controller

Tax Manager

Corporate Finance Manager

Compliance Officer

Group Financial Controller

Director of Corporate Development

Head of Legal

Senior Finance Manager

Corporate Treasurer

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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