There may be cases where, instead of attributing the benefit of an agreement to a third party, the original parties reseed each other`s obligations under that agreement and recreate them in fact, the third following in the footsteps of one of the original parties. This is provided for in the financing agreements between independent companies, the form and conditions of financing are agreed on a case-by-case basis based on the objectives and needs of both parties. The same approach should be taken when intra-group loans are agreed. In determining whether the interest rate on an intragroup loan is the length of the business, for example, issues such as the functions, assets and risks of the company borrowing the money should be taken into account. In practice, this could mean a more in-depth analysis of the borrower`s creditworthiness, creditworthiness and future prospects. Transfer pricing issues related to intragroup financing can cover a wide range of areas. For example, loan agreements, guarantee and guarantee agreements, intragroup cash pools and various types of safeguard mechanisms and guarantee instruments are typical elements of intragroup financing agreements. The arm length principle is based on the separate entity approach. This means that each related party is considered a separate entity independently of the group. For example, a credit subsidiary is considered a non-partisan party when the compound interest on the loan is established. A strong solvency position and the assets of the parent company have no direct effect on the solvency and guarantees of the subsidiary, which means that they also do not determine the compound interest charged by the subsidiary. Given the intragroup relationship between the borrower and the lender, an intragroup loan contract does not include full insurance and guarantees, nor does it include obligations or restrictions on the borrower`s part. As a general rule, it is possible to include in the databases a wide range of different search criteria for loans and the lending company.
The terms of comparable loans should be as identical as possible to the terms of the intragroup loan under review. Among the most important research criteria are the borrower`s credit quality, the loan`s priority order over other loans, the date the loan contract was signed, the duration of the loan, the amount of the loan, the loan currency, potential collateral and the market. In practice, certain search criteria may need to be omitted to identify comparable credits in the database. The comparable loans mentioned in the database indicate the interest margin of the arm within which the group`s corporate loan interest must be set. The borrower is a [100% owned by the direct or indirect subsidiary (as defined below) of the lender. The lender has agreed to make available to the borrower an unsecured loan of $1 billion (to be included in numbers) ([the amount of the loan in terms of words] of pounds sterling) subject to the terms of this agreement.