The Inter Company Loan Agreement is a crucial document for managing internal financing within corporate groups operating under German law. It is typically used when one group company provides financing to another group company, whether for general corporate purposes, specific projects, or strategic investments. The agreement must comply with German corporate and tax laws, including the German Civil Code (BGB), German Commercial Code (HGB), and relevant corporate statutes. It contains detailed provisions on loan terms, interest calculations, repayment obligations, and tax treatments, while addressing specific requirements for related-party transactions. The document is particularly important for maintaining proper documentation for tax authorities, ensuring corporate governance compliance, and establishing clear financial obligations between group entities.
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1. Parties: Identification of the lender and borrower companies, including registration details
2. Background: Context of the inter-company loan and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Loan: Core terms including amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, prepayment terms, and final maturity
7. Representations and Warranties: Standard corporate representations and specific financial conditions
8. Covenants: Ongoing obligations of the borrower
9. Events of Default: Circumstances constituting default and consequences
10. Tax Provisions: Treatment of taxes, including withholding tax obligations
11. Notices: Communication procedures between parties
12. Assignment and Transfer: Restrictions on transfer of rights and obligations
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Security: Include if the loan is to be secured by any assets or guarantees
2. Subordination: Include if the loan needs to be subordinated to other debt
3. Currency Provisions: Include for loans in non-EUR currency
4. Regulatory Compliance: Include if specific banking or regulatory requirements apply
5. Group Company Provisions: Include specific provisions for group company relationships
6. Change of Control: Include if loan terms should change upon group structure changes
7. Information Rights: Include if specific reporting requirements beyond standard covenants are needed
1. Loan Terms Schedule: Detailed commercial terms including amount, interest rate, and payment dates
2. Drawdown Notice: Form of drawdown request
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Compliance Certificate: Form for periodic compliance certification
5. Transfer Certificate: Form for documenting any permitted transfers
6. Corporate Authorities: Evidence of corporate approvals and signing authorities
7. Tax Documentation: Required tax forms and certificates
8. Group Structure Chart: Current group structure showing relationship between parties
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Real Estate
Retail
Healthcare
Automotive
Energy
Telecommunications
Construction
Chemical Industry
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Tax
Accounting
Compliance
Corporate Governance
Risk Management
Corporate Development
Relevant Roles
Chief Financial Officer
Group Treasurer
Financial Controller
Legal Counsel
Tax Director
Corporate Finance Manager
Group Financial Director
Treasury Operations Manager
Senior Legal Manager
Head of Corporate Finance
Finance Director
Company Secretary
Compliance Officer
Group Accountant
Managing Director
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