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Intragroup Loan Agreement

Intragroup Loan Agreement Template for Singapore

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Key Requirements PROMPT example:

Intragroup Loan Agreement

"Need an Intragroup Loan Agreement governed by Singapore law for a USD 5 million loan from our holding company to our tech subsidiary, with quarterly interest payments and full repayment by March 2025."

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What is a Intragroup Loan Agreement?

The Intragroup Loan Agreement is essential for companies operating multiple entities in Singapore and abroad, providing a formal structure for internal financing arrangements. It ensures compliance with Singapore's regulatory requirements while facilitating efficient capital allocation within corporate groups. The agreement covers crucial elements such as loan amount, interest calculations, repayment terms, and default provisions, all within the framework of Singapore's Companies Act and MAS guidelines. It's particularly relevant for multinational corporations seeking to optimize their internal funding mechanisms while maintaining regulatory compliance.

What sections should be included in a Intragroup Loan Agreement?

1. Parties: Identification of lender and borrower entities within the same group

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

3. Definitions: Key terms used throughout the agreement including financial terms, business day, default events

4. Loan Amount and Purpose: Specification of loan amount, currency and intended use of funds

5. Interest Rate and Calculation: Terms for interest calculation, payment periods and method of computation

6. Repayment Terms: Schedule and conditions for loan repayment including prepayment provisions

7. Representations and Warranties: Standard corporate representations and compliance with laws

8. Events of Default: Circumstances constituting default and consequences thereof

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

What sections are optional to include in a Intragroup Loan Agreement?

1. Security: Details of any security provided for the loan, when loan is secured

2. Guarantees: Terms of any guarantees provided by other group entities

3. Subordination: Provisions regarding ranking of debt when multiple creditors are involved

4. Tax Provisions: Specific provisions for withholding tax and tax indemnities

5. Assignment and Transfer: Rights and restrictions regarding transfer of loan obligations

What schedules should be included in a Intragroup Loan Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Interest Calculation Examples: Illustrative examples of interest calculations and methodologies

3. Form of Drawdown Notice: Template for requesting loan disbursement

4. Form of Transfer Certificate: Standard form for documenting any permitted transfers of the loan

5. Security Documents: Details of any security arrangements if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































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Industries

Companies Act 1967: Primary legislation governing corporate activities in Singapore, particularly provisions relating to corporate borrowing and financial assistance between related companies

Contract Law (Amendment) Act 2012: Governs the formation and enforcement of contracts in Singapore, including loan agreements

Electronic Transactions Act 2010: Regulates electronic transactions and digital signatures, relevant if the agreement will be executed electronically

Banking Act 1970: Primary legislation governing banking activities and financial institutions in Singapore

MAS Notice 643: Monetary Authority of Singapore guidelines specifically dealing with transactions between related parties

Income Tax Act 1947: Governs taxation matters including the tax treatment of interest payments between related companies

Stamp Duties Act 1929: Regulates stamp duty obligations that may apply to loan documentation

Transfer Pricing Guidelines: Guidelines ensuring arm's length pricing for transactions between related parties, particularly relevant for cross-border intragroup loans

Currency Act: Regulates currency matters and foreign exchange transactions in Singapore

Securities and Futures Act 2001: Relevant if the loan involves any form of securities or creates any security interests

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act: Anti-money laundering legislation that needs to be considered in financial transactions

Terrorism (Suppression of Financing) Act: Regulations preventing terrorism financing that must be considered in financial transactions

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data if any is involved in the loan agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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