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Inter Company Loan Agreement Template for Singapore

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Key Requirements PROMPT example:

Inter Company Loan Agreement

"Need an Inter Company Loan Agreement for a USD 5 million loan from our Singapore parent company to our Malaysian subsidiary, with quarterly repayments starting from March 2025 and an interest rate of SOFR + 2%."

Document background
The Inter Company Loan Agreement is essential for documenting financial arrangements between related corporate entities in Singapore. It's commonly used when one company within a corporate group provides funding to another, whether for working capital, expansion, or specific projects. The agreement must comply with Singapore's strict regulatory framework, including the Companies Act, Banking Act, and relevant tax regulations. It typically covers loan amount, interest calculations, repayment terms, events of default, and any security arrangements, while ensuring compliance with transfer pricing rules and corporate benefit requirements.
Suggested Sections

1. Parties: Identification of lender and borrower entities

2. Background: Context and purpose of the loan

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of loan amount and permitted use

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

6. Repayment Terms: Schedule and method of repayment

7. Representations and Warranties: Standard corporate representations

8. Events of Default: Circumstances constituting default

9. Governing Law and Jurisdiction: Applicable law and dispute resolution

Optional Sections

1. Security: Details of any security/collateral provided for the loan, including type of security, enforcement rights and maintenance obligations

2. Guarantees: Details of any guarantees provided by third parties, including scope of guarantee and guarantor obligations

3. Conditions Precedent: Pre-disbursement conditions that must be satisfied before the loan can be drawn

4. Covenants: Financial and operational covenants including maintenance of financial ratios and operational restrictions

Suggested Schedules

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Form of Drawdown Notice: Standard form template for requesting loan disbursement

3. Security Documents: Forms and templates for security documentation if applicable

4. Corporate Authorizations: Templates and copies of required board resolutions and other corporate approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Companies Act (Cap. 50): Governs corporate borrowing requirements, directors' duties and authority, financial assistance provisions, and corporate benefit requirements for Singapore companies

Banking Act (Cap. 19): Regulates banking activities including restrictions on lending and requirements for banking licenses

Moneylenders Act (Cap. 188): Covers exemptions for inter-company loans and relevant licensing requirements for lending activities

Securities and Futures Act (Cap. 289): Relevant when loan arrangements involve securities or convertible instruments

Income Tax Act (Cap. 134): Covers transfer pricing, withholding tax requirements, interest tax deductibility, and thin capitalization rules

Stamp Duties Act (Cap. 312): Determines stamp duty implications on loan documentation

Foreign Exchange Regulations: Addresses cross-border elements and Monetary Authority of Singapore (MAS) requirements for international transactions

Contract Law (Cap. 43): Covers fundamental principles of contract formation and available contractual remedies

Insolvency, Restructuring and Dissolution Act 2018: Addresses loan treatment in insolvency scenarios and priority of claims

Personal Data Protection Act 2012: Governs the handling of personal data in transaction documentation and processes

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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