The Intra Company Loan Agreement is essential for companies operating in the United States that need to document internal financing arrangements between related entities. This agreement is particularly important for compliance with IRS regulations, including transfer pricing rules and Section 482 requirements. The document typically includes loan terms, interest rates (which must be at arm's length), repayment schedules, and security arrangements if applicable. It helps companies maintain proper documentation for tax purposes, demonstrate corporate governance, and establish clear financial relationships between group entities.
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1. Parties: Identification of lender and borrower entities within the company structure
2. Background/Recitals: Purpose of the loan and relationship between the parties
3. Definitions: Key terms used throughout the agreement including financial, corporate and technical definitions
4. Loan Amount and Purpose: Specific amount being loaned and its intended use
5. Interest Rate: Applicable interest rate and calculation method in compliance with transfer pricing regulations
6. Repayment Terms: Schedule and method of repayment including payment dates, amounts, and mechanisms
7. Representations and Warranties: Standard corporate confirmations from both parties regarding their authority and capacity
8. Events of Default: Circumstances constituting default and consequences thereof
9. Governing Law: Applicable jurisdiction and law governing the agreement
1. Security: Details of any collateral or security arrangements for the loan
2. Subordination: Priority ranking of the loan in relation to other creditors
3. Tax Provisions: Specific tax treatment, withholding requirements and compliance with IRC regulations
4. Currency Provisions: Exchange rate mechanisms and currency conversion procedures for multi-currency loans
1. Repayment Schedule: Detailed schedule of payment dates and amounts
2. Corporate Authorizations: Board resolutions and other corporate approval documents
3. Transfer Pricing Analysis: Documentation supporting the arm's length nature of the interest rate
4. Related Party Documentation: Evidence of relationship between parties and corporate structure
Relevant legal definitions
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