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Profit Sharing Loan Agreement Template for Singapore

A Profit Sharing Loan Agreement under Singapore law is a specialized financing arrangement where the lender provides funds to the borrower in exchange for both repayment of principal and a share of the profits generated from the borrower's business or specific project. This agreement is governed by Singapore's financial regulations and corporate laws, including the Companies Act and relevant MAS guidelines. It details the loan amount, profit-sharing mechanism, payment terms, and reporting requirements.

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What is a Profit Sharing Loan Agreement?

The Profit Sharing Loan Agreement is commonly used in Singapore when traditional debt financing doesn't suit the borrower's needs or when lenders seek higher returns through profit participation. This document establishes the framework for a loan where returns are tied to the borrower's performance, making it particularly attractive for growth-stage businesses and projects with significant profit potential. The agreement complies with Singapore's regulatory framework and includes detailed provisions for profit calculation, financial reporting, and payment mechanisms. It's particularly relevant in Islamic finance structures and for businesses seeking alternative financing options.

What sections should be included in a Profit Sharing Loan Agreement?

1. Parties: Identification and details of the Lender and Borrower

2. Background: Context of the loan arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement including profit calculation methodology

4. Loan Amount and Purpose: Specification of the loan amount and its intended use

5. Profit Sharing Mechanism: Details of how profits will be calculated and shared between parties

6. Payment Terms: Terms for repayment of principal and profit shares, including payment schedule

7. Financial Reporting: Requirements for financial statements, profit calculations and reporting obligations

8. Default and Remedies: Events of default, consequences, and available remedies

9. Governing Law: Specification of Singapore law as governing law and jurisdiction

What sections are optional to include in a Profit Sharing Loan Agreement?

1. Security: Details of any collateral or security arrangements for the loan

2. Guarantees: Terms of any personal or corporate guarantees provided

3. Assignment: Rights and restrictions regarding assignment of the agreement

4. Insurance: Requirements for insurance coverage of business or assets

What schedules should be included in a Profit Sharing Loan Agreement?

1. Schedule 1 - Profit Calculation Methodology: Detailed methodology and formulas for calculating profits

2. Schedule 2 - Payment Schedule: Detailed timeline and structure of payments including profit share distributions

3. Schedule 3 - Required Financial Reports: Format and content requirements for periodic financial reporting

4. Schedule 4 - Security Details: Detailed description of any security or collateral provided

5. Schedule 5 - Form of Guarantee: Template form of guarantee to be executed by guarantors if applicable

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

Jurisdiction

Singapore

Document Type

Finance Agreement

Cost

Free to use

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