The Intercompany Loan Agreement is essential for corporate groups seeking to establish formal lending arrangements between affiliated entities. This document is particularly relevant when companies need to document internal financing in compliance with U.S. transfer pricing regulations and IRS requirements. It's commonly used for various purposes including operational funding, expansion projects, or restructuring efforts. The agreement must carefully balance tax efficiency with regulatory compliance, particularly regarding interest rates and terms that meet arm's length standards. Proper documentation is crucial for audit purposes and to demonstrate compliance with both federal and state requirements governing related-party transactions.
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1. Parties: Identification of lender and borrower entities, including registration details
2. Background/Recitals: Context of the loan and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of principal amount and intended use
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment Terms: Schedule, method, and conditions of repayment
7. Representations and Warranties: Standard assurances from both parties
8. Events of Default: Circumstances constituting default and consequences
9. Governing Law: Applicable jurisdiction and dispute resolution
1. Security: Details of any collateral when loan is secured
2. Subordination: Priority ranking of the loan when other creditors exist
3. Tax Provisions: Treatment of withholding and other taxes for cross-border loans
4. Currency Provisions: Exchange rate considerations for multi-currency loans
1. Repayment Schedule: Detailed timeline of repayment obligations
2. Interest Calculation Examples: Illustrations of interest calculations
3. Corporate Authorizations: Board resolutions and other approval documents
4. Transfer Pricing Documentation: Evidence of arm's length terms if required
5. Security Documents: If applicable, details of any security arrangements
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