The Internal Loan Agreement is a crucial document used when one entity within a corporate group provides financing to another related entity under Danish law. This type of agreement is commonly used for various purposes including subsidiary funding, project financing, working capital provision, or group treasury operations. The document must comply with Danish corporate law requirements, particularly regarding capital maintenance rules, transfer pricing regulations, and tax implications. The agreement typically includes detailed terms about the loan amount, interest calculation, repayment schedule, and various protective clauses. It's essential to ensure the Internal Loan Agreement reflects arm's length principles and includes appropriate documentation to satisfy both Danish tax authorities and corporate governance requirements. The agreement is particularly important in the context of group financing structures and must be carefully drafted to balance commercial flexibility with regulatory compliance.
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Key Requirements PROMPT example:
Internal Loan Agreement
I need an Internal Loan Agreement under Danish law for a EUR 2 million loan from our parent company to our manufacturing subsidiary, with quarterly interest payments and full repayment by March 2025; the agreement should include security over the subsidiary's equipment.
1. Parties: Identifies the lender and borrower entities, including their registration numbers and registered offices
2. Background: Explains the context of the internal loan and relationship between the parties
3. Definitions: Defines key terms used throughout the agreement
4. The Loan: Specifies the principal amount, currency, and purpose of the loan
5. Interest: Details the interest rate, calculation method, and payment periods
6. Repayment: Sets out the repayment schedule and terms
7. Prepayment: Conditions and process for early repayment of the loan
8. Representations and Warranties: Standard confirmations from the borrower about their status and capacity
9. Information Undertakings: Borrower's obligations to provide financial and other information
10. Tax Gross-up and Indemnities: Provisions dealing with tax implications and responsibilities
11. Costs and Expenses: Allocation of costs related to the loan agreement
12. Events of Default: Circumstances that would trigger default and consequences
13. Notices: How formal communications between parties should be made
14. Assignment and Transfer: Rules regarding transfer of rights under the agreement
15. Governing Law and Jurisdiction: Confirms Danish law governance and jurisdiction
1. Security: Include when the loan is secured by any assets or guarantees
2. Financial Covenants: Include when specific financial ratios or conditions need to be maintained
3. Subordination: Include when the loan needs to be subordinated to other debt
4. Set-off Rights: Include when parties want to explicitly address rights of set-off
5. Currency Provisions: Include for loans in non-Danish Krone currencies
6. Group Company Provisions: Include specific provisions relating to group company relationships and transfer pricing
7. Change of Control: Include when changes in corporate ownership should affect the loan
8. Conditions Precedent: Include when drawdown is subject to specific conditions
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Form of Drawdown Notice: Standard form for requesting loan disbursement
3. Interest Calculation Examples: Examples showing how interest will be calculated
4. Security Details: Details of any security provided (if applicable)
5. Transfer Pricing Documentation: Documentation supporting arm's length nature of the loan terms
6. Related Party Information: Details of corporate relationship between parties
7. Tax Residence Certificates: Tax documentation if relevant for cross-border aspects
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Real Estate
Retail
Healthcare
Energy
Transportation
Construction
Professional Services
Telecommunications
Agriculture
Hospitality
Relevant Teams
Legal
Finance
Treasury
Tax
Compliance
Corporate Governance
Accounting
Risk Management
Corporate Development
Internal Audit
Relevant Roles
Chief Financial Officer
Treasury Manager
Financial Controller
Legal Counsel
Corporate Lawyer
Tax Director
Finance Director
Group Accountant
Company Secretary
Treasury Analyst
Financial Planning Manager
Compliance Officer
Corporate Finance Manager
Group Financial Controller
Head of Legal
Transfer Pricing Manager
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