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Inter Company Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Inter Company Loan Agreement

"I need an Inter Company Loan Agreement under Swiss law for a CHF 2 million loan from our Swiss parent company to its German subsidiary, with quarterly interest payments and full repayment by March 2025."

Document background
The Inter Company Loan Agreement is a crucial document for corporate groups operating in or through Switzerland, facilitating internal financing arrangements between related entities. It is particularly relevant in the context of Switzerland's position as a major international business hub, where complex corporate structures often require internal funding solutions. The agreement must comply with Swiss legal requirements, including the Swiss Code of Obligations and federal tax regulations, particularly regarding arm's length principles and transfer pricing. This document is typically used when one group company has excess funds to lend to another group company requiring financing, whether for operational needs, expansion, or specific projects. The agreement includes detailed provisions on loan terms, interest calculations, repayment schedules, and security arrangements, while ensuring compliance with Swiss regulatory requirements and corporate governance standards.
Suggested Sections

1. Parties: Identification of the lender and borrower entities, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the loan agreement, relationship between the parties, and purpose of the loan

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

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds

5. Interest: Interest rate, calculation method, and payment periods in compliance with Swiss arm's length principles

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 declarations by both parties regarding their capacity and authority

9. Events of Default: Circumstances constituting default and consequences thereof

10. Taxes: Treatment of taxes, including withholding tax requirements under Swiss law

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Security: Details of any security or guarantees provided - include if loan is secured

2. Financial Covenants: Financial maintenance requirements - include for larger or more structured loans

3. Transfer Provisions: Rules for assigning or transferring the loan - include if transfers are contemplated

4. Multiple Drawdowns: Procedures for multiple drawdown facilities - include if not a single drawdown loan

5. Currency Provisions: Currency conversion and exchange rate provisions - include for multi-currency loans

6. Subordination: Subordination terms - include if loan needs to be subordinated to other debt

7. Group Company Provisions: Additional provisions for group relationships - include for complex corporate structures

Suggested Schedules

1. Drawdown Notice: Form of drawdown request to be used by borrower

2. Repayment Schedule: Detailed amortization or repayment schedule if applicable

3. Interest Calculation Examples: Examples showing interest calculation methodology

4. Transfer Pricing Analysis: Documentation supporting the arm's length nature of the interest rate

5. Corporate Authorizations: Copies of relevant board resolutions and authorizations

6. Security Documents: Details of any security arrangements if applicable

7. Group Structure Chart: Organization chart showing relationship between parties

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








































Clauses
































Relevant Industries

Financial Services

Manufacturing

Technology

Pharmaceuticals

Consumer Goods

Energy

Real Estate

Infrastructure

Telecommunications

Professional Services

Industrial

Healthcare

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Secretariat

Risk Management

Corporate Development

Financial Planning & Analysis

Board of Directors

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Legal Counsel

Corporate Lawyer

Tax Director

Finance Director

Company Secretary

Group Financial Controller

Treasury Director

Head of Legal

Compliance Officer

Financial Planning Manager

Board Member

Managing Director

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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