This document is essential for formalizing financial arrangements between related entities within a corporate group structure. An Intra Group Loan Agreement is commonly used when one group company provides financing to another, requiring careful consideration of New Zealand's regulatory framework, particularly in relation to tax implications, transfer pricing requirements, and financial reporting obligations. The agreement typically includes provisions for interest calculation, repayment terms, security arrangements (if applicable), and compliance with local corporate and tax laws. It's particularly important for multinational groups operating in New Zealand and local groups managing internal capital allocation, ensuring both commercial efficacy and regulatory compliance.
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1. Parties: Identifies the lender and borrower entities within the group structure
2. Background: Sets out the context of the loan within the group structure and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Details the loan amount, purpose, and availability
5. Interest: Specifies interest rate, calculation method, and payment periods
6. Repayment: Sets out repayment terms, prepayment rights, and maturity date
7. Representations and Warranties: Standard corporate representations regarding capacity and authority
8. Tax Provisions: Addresses withholding tax, tax compliance, and transfer pricing requirements
9. Events of Default: Lists circumstances that trigger default and enforcement rights
10. General Provisions: Contains boilerplate clauses including notices, amendments, and governing law
1. Security: Include when the loan is to be secured against assets or guaranteed
2. Currency Provisions: Required for multi-currency facilities or when exchange rate risk needs to be addressed
3. Subordination: Include when the loan needs to be subordinated to other group or external debt
4. Financial Covenants: Include when specific financial metrics need to be maintained
5. Group Company Accession: Include when additional group companies may join as borrowers or guarantors
6. Set-off Rights: Include when parties want explicit rights to set off amounts against other group obligations
7. Anti-Money Laundering Compliance: Include when required by size or nature of facility
1. Facility Terms: Details specific commercial terms including amount, interest rate, and repayment schedule
2. Form of Drawdown Notice: Standard form for requesting loan disbursements
3. Transfer Pricing Methodology: Documents the basis for interest rate determination in compliance with tax requirements
4. Group Structure Chart: Shows relationship between lender and borrower within group structure
5. Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms
6. Security Details: If applicable, details of any security or guarantees provided
7. Form of Accession Deed: If applicable, template for additional group companies to join the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Retail
Technology
Energy
Mining
Real Estate
Infrastructure
Healthcare
Telecommunications
Agriculture
Professional Services
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Tax
Compliance
Corporate Secretariat
Accounting
Risk Management
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Group Financial Controller
Tax Director
Corporate Lawyer
Legal Counsel
Company Secretary
Financial Accountant
Treasury Analyst
Tax Manager
Compliance Officer
Finance Manager
Group Accountant
Corporate Finance Manager
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