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Founder Loan Agreement Template for Canada

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Key Requirements PROMPT example:

Founder Loan Agreement

"I need a standard Founder Loan Agreement for a $100,000 loan to my tech startup, with quarterly interest payments at 5% per annum and full principal repayment due by March 1, 2025."

Document background
The Founder Loan Agreement is a crucial document used when a company founder provides debt financing to their business, typically during growth phases or when traditional financing options may be limited. This agreement, governed by Canadian federal and provincial laws, must carefully balance the founder's interests as a creditor with their duties as a company insider. It needs to comply with Canadian tax regulations regarding prescribed interest rates for related-party loans and corporate law requirements for related-party transactions. The document should address key elements such as repayment terms, security (if any), subordination to other debts, and potential conversion rights, while ensuring transparency for other stakeholders and compliance with corporate governance requirements.
Suggested Sections

1. Parties: Identifies the founder as lender and the corporation as borrower, including full legal names and addresses

2. Background: Explains the context of the loan, the founder's relationship with the company, and the purpose of the funding

3. Definitions: Defines key terms used throughout the agreement

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

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

6. Repayment Terms: Outlines the repayment schedule, including maturity date and any installment payments

7. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority to enter into the agreement

8. Events of Default: Defines circumstances constituting default and consequences thereof

9. Notices: Specifies how formal communications between parties should be made

10. General Provisions: Standard boilerplate clauses including governing law, amendments, and assignment

Optional Sections

1. Security: Include when the loan is secured by company assets or other collateral

2. Subordination: Required when the founder loan needs to be subordinated to other company debt

3. Conversion Rights: Include if the loan can be converted into equity under certain conditions

4. Early Repayment: Optional provisions for prepayment rights and any associated penalties or bonuses

5. Board Approval: Include when corporate governance requires formal board approval for the loan

6. Tax Provisions: Specific tax-related clauses when there are particular tax implications to address

7. Interest Rate Adjustment: Include when interest rate may need to adjust to maintain compliance with prescribed rates for related-party loans

Suggested Schedules

1. Repayment Schedule: Detailed breakdown of payment dates and amounts if installment payments are required

2. Security Description: Detailed description of any assets or collateral securing the loan

3. Corporate Resolution: Copy of the board resolution approving the loan agreement

4. Conversion Terms: Detailed terms and conditions for conversion rights if applicable

5. Existing Security Interests: List of any existing charges or security interests on company assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Technology

Manufacturing

Professional Services

Retail

Healthcare

Financial Services

Real Estate

Media and Entertainment

Software

E-commerce

Biotechnology

Clean Technology

Consumer Goods

Education

Relevant Teams

Legal

Finance

Executive

Treasury

Tax

Compliance

Corporate Governance

Board of Directors

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Founder

Company Director

Corporate Secretary

General Counsel

Legal Counsel

Financial Controller

Finance Director

Corporate Treasurer

Board Member

Company Secretary

Tax Director

Compliance Officer

Investment Manager

Industries






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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