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Intercompany Loan Agreement Template for Denmark

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Intercompany Loan Agreement

Document background
The Intercompany Loan Agreement is a crucial document for facilitating financial transactions between related entities within a corporate group under Danish law. It is typically used when one group company provides financing to another, whether for operational needs, expansion projects, or restructuring purposes. The agreement must comply with Danish corporate law, tax regulations, and transfer pricing rules, particularly regarding arm's length terms and documentation requirements. This document includes essential provisions covering loan terms, interest rates, repayment schedules, and default scenarios, while also addressing specific Danish regulatory requirements such as thin capitalization rules and transfer pricing documentation. It serves as both a legal framework for the loan and evidence of compliance with relevant Danish corporate and tax regulations.
Suggested Sections

1. Parties: Identification of the lender and borrower companies, including registration numbers and registered offices

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount and its intended use

5. Interest Rate: Details of the applicable interest rate, calculation method, and payment periods

6. Drawdown: Conditions and procedures for drawing down the loan

7. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions

8. Representations and Warranties: Standard corporate representations and compliance with Danish law

9. Transfer Pricing Compliance: Confirmation that the terms are arm's length and comply with Danish transfer pricing rules

10. Events of Default: Circumstances constituting default and consequences

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction

Optional Sections

1. Security: Include when the loan is secured by assets or guarantees

2. Tax Gross-Up: Include when tax implications need to be addressed specifically

3. Currency and Exchange Rate: Include for loans in foreign currency

4. Subordination: Include when the loan needs to be subordinated to other debt

5. Group Company Provisions: Include specific provisions related to group company relationships

6. Change of Control: Include when change in corporate ownership should trigger loan review

7. Financial Covenants: Include when specific financial metrics need to be maintained

Suggested Schedules

1. Repayment Schedule: Detailed amortization table if applicable

2. Transfer Pricing Documentation: Documentation supporting the arm's length nature of the loan terms

3. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney

4. Form of Drawdown Notice: Standard form for requesting loan disbursements

5. Calculation of Interest: Detailed methodology for interest calculations

6. Group Structure Chart: Diagram showing relationship between the parties within the corporate group

Authors

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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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