The Shareholder Loan Agreement is a crucial financing instrument under Maltese law, commonly used when companies require additional funding and prefer to obtain it from existing shareholders rather than external lenders. This approach often provides more flexible terms and potentially lower interest rates compared to traditional bank financing. The document must comply with the Maltese Companies Act (Chapter 386) and Civil Code (Chapter 16), particularly regarding related party transactions and interest rate regulations. It's essential for both established companies seeking growth capital and startups requiring bridge financing, offering a structured way to document the lending arrangement while protecting both the shareholder's investment and the company's interests.
Shareholder Loan Agreement for Malta
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Shareholder Loan Agreement
"I need a Shareholder Loan Agreement under Maltese law for a 鈧500,000 unsecured loan from a majority shareholder to our technology company, with quarterly interest payments at 5% per annum and full repayment due by March 2025."
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1. Parties: Identifies the shareholder lender and the borrowing company, including registration details and registered addresses
2. Background: Sets out the context of the loan agreement, including the shareholder's relationship with the company and the purpose of the loan
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan Facility: Specifies the loan amount, purpose, and conditions precedent for drawdown
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment Terms: Specifies the repayment schedule, method of payment, and early repayment provisions
7. Representations and Warranties: Standard company representations regarding its power to enter into the agreement and validity of obligations
8. Company Undertakings: Ongoing obligations of the company during the term of the loan
9. Events of Default: Lists circumstances that would constitute default and trigger acceleration of repayment
10. Notices: Specifies how formal communications between parties should be made
11. Assignment and Transfer: Provisions regarding the ability to transfer or assign rights under the agreement
12. Governing Law and Jurisdiction: Specifies Maltese law as governing law and establishes jurisdiction for disputes
1. Security: Include when the loan is to be secured against company assets
2. Subordination: Include when the shareholder loan needs to be subordinated to other company debt
3. Conversion Rights: Include if the loan can be converted into shares
4. Tax Gross-Up: Include if tax implications need to be addressed specifically
5. Multiple Drawdowns: Include if the loan is to be drawn down in multiple tranches
6. Board Approval: Include specific provisions about board approval if required by company articles
7. Costs and Expenses: Include detailed provisions about who bears transaction costs
8. Financial Covenants: Include if specific financial ratios or conditions need to be maintained
1. Loan Details: Contains specific details of the loan amount, interest rate, and repayment schedule
2. Conditions Precedent: Lists all documents and conditions required before drawdown
3. Drawdown Notice: Template form for requesting drawdown of the loan
4. Repayment Schedule: Detailed amortization table if applicable
5. Form of Security Documents: Templates of any security documents if loan is secured
6. Corporate Authorizations: Copies of relevant board and shareholder resolutions
7. Calculation of Interest: Detailed methodology for interest calculation if complex
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Hospitality
Professional Services
Energy
Maritime
Gaming
Telecommunications
Relevant Teams
Legal
Finance
Corporate Secretarial
Treasury
Compliance
Risk Management
Corporate Development
Board of Directors
Executive Management
Shareholder Relations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Company Secretary
Financial Controller
Treasury Manager
Investment Director
Compliance Officer
Risk Manager
Corporate Finance Manager
Board Director
Managing Director
Shareholder Relations Manager
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