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Shareholder Loan Note for Australia

Shareholder Loan Note Template for Australia

This document is a formal loan agreement between a shareholder and a company under Australian law, documenting the terms and conditions of a loan provided by the shareholder to the company. It includes essential provisions regarding the loan amount, interest rate, repayment terms, security arrangements (if any), and default provisions. The document ensures compliance with Australian corporate law requirements, particularly regarding related party transactions under the Corporations Act 2001, and establishes clear rights and obligations for both the lending shareholder and the borrowing company.

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Shareholder Loan Note

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What is a Shareholder Loan Note?

The Shareholder Loan Note is a crucial document used when a shareholder provides debt financing to a company in Australia. This arrangement is common in various scenarios, including start-up funding, bridge financing, or when traditional bank financing is not preferred or available. The document must comply with Australian corporate law, particularly the Corporations Act 2001, and typically includes detailed terms about the loan amount, interest, repayment schedule, and any security arrangements. It's particularly important in private companies and family businesses where shareholder financing is common, and needs to be carefully structured to avoid adverse tax implications or conflicts with existing financing arrangements.

What sections should be included in a Shareholder Loan Note?

1. Parties: Identification of the Lender (Shareholder) and Borrower (Company), including ACN/ABN and registered addresses

2. Background: Context of the loan, relationship between parties, and purpose of the loan note

3. Definitions and Interpretation: Key terms used throughout the document and interpretation rules

4. Loan Amount and Drawdown: Specification of the loan amount and conditions for drawdown

5. Interest: Interest rate, calculation method, and payment frequency

6. Repayment Terms: Repayment schedule, prepayment provisions, and maturity date

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Standard company representations and specific shareholder acknowledgments

9. Covenants: Ongoing obligations of the company during the loan term

10. Notices: Process and requirements for formal communications between parties

11. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments

What sections are optional to include in a Shareholder Loan Note?

1. Security: Include when the loan is secured against company assets or other security is provided

2. Subordination: Required when the loan needs to be subordinated to other company debt

3. Conversion Rights: Include if the loan note can be converted to equity under certain conditions

4. Tax Provisions: Detailed tax clauses when specific tax treatment is required

5. Related Party Transaction Provisions: Additional provisions required for compliance with Chapter 2E of the Corporations Act

6. Currency and Exchange Rate: Include for loans in foreign currency or with international parties

7. Board Approval: Specific approval requirements when required by company constitution or shareholders agreement

What schedules should be included in a Shareholder Loan Note?

1. Drawdown Notice: Template form for requesting drawdown of the loan amount

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

3. Interest Calculation Examples: Examples showing how interest will be calculated in various scenarios

4. Security Details: Details of any security provided (if applicable)

5. Company Board Resolution: Copy of board resolution approving the loan

6. Shareholder Consents: Required consents from other shareholders if applicable

7. Existing Security Register: List of existing security interests over company assets

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions






































Clauses































Relevant Industries

Financial Services

Professional Services

Technology

Real Estate

Manufacturing

Retail

Healthcare

Mining and Resources

Agriculture

Construction

Start-ups and High Growth

Family Business

Private Equity

Relevant Teams

Legal

Finance

Corporate Finance

Treasury

Tax

Compliance

Company Secretariat

Board of Directors

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Company Secretary

General Counsel

Legal Counsel

Corporate Lawyer

Managing Director

Chief Executive Officer

Financial Controller

Treasury Manager

Company Director

Investment Manager

Corporate Finance Manager

Tax Manager

Compliance Officer

Industries







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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