The Intra Company Loan Agreement is utilized when entities within the same corporate group need to establish formal lending arrangements, commonly used for internal financing, capital allocation, or project funding. This document is essential for companies operating in the Netherlands or choosing Dutch law as their governing law, as it must comply with specific Dutch legal requirements regarding related party transactions, transfer pricing regulations, and thin capitalization rules. The agreement typically includes detailed provisions on interest rates (which must be at arm's length), repayment terms, tax treatments, and necessary corporate approvals. It's particularly important for multinational companies managing internal capital flows and must align with both Dutch and international tax and corporate governance standards.
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1. Parties: Identification of the lender and borrower entities, including registration numbers and registered offices
2. Background: Context of the loan, relationship between the parties, and purpose of the financing
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Principal amount, currency, and basic terms of the loan facility
5. Interest: Interest rate, calculation method, and payment dates, ensuring compliance with transfer pricing requirements
6. Repayment: Terms and schedule for repayment of the principal amount
7. Prepayment: Conditions and procedures for early repayment of the loan
8. Representations and Warranties: Standard corporate representations and specific financial warranties
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequent remedies
11. Tax Provisions: Treatment of taxes, including withholding tax obligations
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Security: Required when the loan is to be secured by assets or guarantees
2. Subordination: Needed when the loan must be subordinated to other debt
3. Currency Conversion: Required for loans with multiple currency provisions
4. Conditions Precedent: Used when disbursement is subject to specific conditions
5. Assignment and Transfer: Include when transfer rights need to be specifically addressed
6. Information Covenants: Added for loans requiring ongoing financial reporting
7. Tax Gross-Up: Required when specific tax gross-up provisions are needed
8. Costs and Expenses: Include when transaction costs need specific allocation
1. Repayment Schedule: Detailed amortization table if installment repayments are required
2. Interest Calculation Methodology: Detailed methodology for interest calculation and transfer pricing compliance
3. Form of Drawdown Notice: Standard form for requesting loan disbursements
4. Transfer Pricing Documentation: Documentation supporting the arm's length nature of the interest rate
5. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney
6. Group Structure Chart: Diagram showing relationship between lender and borrower
7. Tax Residency Certificates: If required for tax treaty benefits
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Real Estate
Energy
Healthcare
Retail
Telecommunications
Construction
Professional Services
Transportation
Mining and Resources
Agriculture
Media and Entertainment
Relevant Teams
Legal
Finance
Treasury
Tax
Compliance
Corporate Secretariat
Accounting
Corporate Finance
Risk Management
Internal Audit
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Tax Director
Legal Counsel
Corporate Lawyer
Group Accountant
Finance Manager
Compliance Officer
Company Secretary
Treasury Analyst
Tax Manager
Financial Analyst
Corporate Finance Manager
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