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Shareholder Loan Agreement
"I need a Shareholder Loan Agreement for a 5 million SAR facility from a majority shareholder to our Saudi private limited company, with quarterly profit payments and full repayment by March 2025, including security over company equipment."
1. Parties: Identification of the Shareholder(s) as lender(s) and the Company as borrower
2. Background: Context of the loan, relationship between parties, and purpose of the facility
3. Definitions and Interpretation: Key terms, interpretation rules, and Shariah compliance declarations
4. The Facility: Amount, purpose, and Shariah-compliant structure of the loan
5. Conditions Precedent: Documents and conditions required before drawdown
6. Drawdown: Process and requirements for utilizing the loan
7. Repayment: Terms and schedule of repayment, including early repayment provisions
8. Profit Rate: Shariah-compliant profit rate structure (avoiding conventional interest)
9. Representations and Warranties: Standard and Shariah-specific representations by both parties
10. Undertakings: General, financial, and Shariah-related covenants
11. Events of Default: Circumstances constituting default and consequences
12. Notices: Communication procedures between parties
13. Assignment and Transfer: Rights and restrictions on transfer of rights/obligations
14. Governing Law and Jurisdiction: Saudi law provisions and dispute resolution mechanisms
1. Security: Include when the loan is secured by assets or guarantees
2. Subordination: Required when there are multiple creditors and ranking needs to be established
3. Tax Provisions: Detailed section needed for cross-border transactions or complex tax structures
4. Regulatory Compliance: Additional section for regulated entities or listed companies
5. Currency Provisions: Required for loans not denominated in Saudi Riyals
6. Shariah Board Approval: Detailed provisions when formal Shariah board approval is required
7. Information Undertakings: Extended reporting requirements for larger or more complex facilities
1. Form of Drawdown Notice: Standard form for requesting loan disbursements
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Conditions Precedent Documents: List of required documents and conditions
4. Form of Shariah Compliance Certificate: Template for ongoing Shariah compliance certification
5. Corporate Authorizations: Required corporate approvals and resolutions
6. Calculation of Profit Rate: Methodology for calculating Shariah-compliant profit
7. Security Documents: If applicable, forms of security documentation
8. Contact Details: List of authorized representatives and contact information
Authors
Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Energy
Construction
Retail
Telecommunications
Transportation
Mining
Agriculture
Education
Professional Services
Legal
Finance
Treasury
Corporate Secretarial
Compliance
Risk Management
Corporate Development
Investment
Board of Directors
Executive Management
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Company Secretary
Treasury Manager
Financial Controller
Shariah Compliance Officer
Risk Manager
Investment Director
Board Member
Managing Director
Chief Executive Officer
Corporate Finance Manager
Compliance Officer
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