The Internal Loan Agreement is essential for documenting financial arrangements between related entities within a corporate group under Dutch law. It is typically used when one group entity needs to provide financing to another for various purposes such as working capital, expansion, or project funding. The agreement must comply with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek), tax regulations, and transfer pricing rules. The document includes comprehensive terms covering loan amount, interest calculation, repayment provisions, and default scenarios. Special attention is given to ensuring the terms are at arm's length to satisfy tax authorities' requirements and to maintain proper corporate governance. This type of agreement is particularly important in the Netherlands due to its specific regulatory environment and its position as a key jurisdiction for international holding and financing structures.
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1. Parties: Identification of the lender and borrower entities within the corporate group
2. Background: Context of the loan, relationship between parties, and purpose of the funding
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and intended use of funds
5. Interest: Interest rate, calculation method, and payment schedule
6. Drawdown: Conditions and procedures for accessing the loan funds
7. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions
8. Representations and Warranties: Standard confirmations from both parties regarding their capacity and authority
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that would trigger default and remedies available
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by assets or guarantees
2. Subordination: Required when the loan needs to be subordinated to other debt
3. Tax Provisions: Detailed section needed when specific tax implications need to be addressed
4. Currency Provisions: Include for loans in non-Euro currencies
5. Group Company Provisions: Include when specific group company relationships need to be addressed
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed or restricted
7. Financial Covenants: Include when specific financial metrics need to be maintained
1. Repayment Schedule: Detailed amortization table or repayment dates
2. Interest Calculation Examples: Examples showing how interest will be calculated
3. Form of Drawdown Notice: Template for requesting disbursement of funds
4. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney
5. Transfer Pricing Analysis: Documentation supporting the arm's length nature of the loan terms
6. Group Structure Chart: Diagram showing relationship between the parties within the corporate group
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Retail
Energy
Healthcare
Real Estate
Construction
Transportation
Telecommunications
Professional Services
Mining and Resources
Agriculture
Hospitality
Relevant Teams
Legal
Finance
Treasury
Tax
Corporate Finance
Accounting
Company Secretariat
Risk Management
Compliance
Internal Audit
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Tax Manager
Financial Controller
Group Accountant
Company Secretary
Managing Director
Finance Manager
Corporate Finance Manager
General Counsel
Head of Legal
Head of Treasury
Senior Finance Analyst
Group Finance Director
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