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Bank Promissory Note Template for Austria

A Bank Promissory Note under Austrian law (Bankschuldschein) is a formal financial instrument representing a bank's written promise to pay a specified sum of money to a designated payee at a predetermined future date. This document, governed by Austrian banking regulations and commercial law, serves as a negotiable instrument that can be transferred between parties. It contains specific terms regarding payment obligations, including principal amount, interest rates (if applicable), payment schedule, and any security arrangements. The document must comply with the Austrian Banking Act (BWG) and related financial regulations, making it a legally binding and enforceable instrument within the Austrian jurisdiction.

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What is a Bank Promissory Note?

The Bank Promissory Note (Bankschuldschein) is a fundamental financial instrument in Austrian banking practice, commonly used for documenting financial obligations and facilitating both commercial and personal lending arrangements. This document type is particularly relevant when a bank needs to issue a formal, negotiable promise of payment, whether for direct lending, refinancing, or as part of more complex financial transactions. The document must adhere to strict requirements under Austrian banking law and financial regulations, including the Austrian Banking Act (BWG) and Commercial Code (UGB). It serves as a legally binding commitment from the bank to the payee, containing essential elements such as payment terms, interest provisions, and any applicable security arrangements. The Bank Promissory Note's formal structure and content make it a reliable and transferable financial instrument, widely recognized within the Austrian banking system.

What sections should be included in a Bank Promissory Note?

1. Bank Details: Full legal name, registration number, and address of the issuing bank

2. Promise to Pay: Unconditional promise to pay a specific sum of money, including the currency and amount both in numbers and words

3. Payee Information: Complete details of the payee, including full name and address

4. Payment Terms: Specific date or determinable future time when payment is due, interest rate if applicable

5. Place of Payment: Specific location where the payment is to be made

6. Date and Place of Issue: Date when and place where the promissory note is issued

What sections are optional to include in a Bank Promissory Note?

1. Interest Clause: Used when the note bears interest - must specify the rate and calculation method

2. Guarantor Details: Include when there is a third-party guarantor for the promissory note

3. Transfer Restrictions: Include if there are any restrictions on the transferability of the note

4. Acceleration Clause: Used to specify conditions under which the full amount becomes immediately due

5. Governing Law Statement: While Austrian law applies by default, this section may be included for clarity, especially in international contexts

What schedules should be included in a Bank Promissory Note?

1. Payment Schedule: If the note involves installment payments, details of payment dates and amounts

2. Interest Calculation Schedule: If interest applies, detailed breakdown of interest calculation methodology

3. Security Details: If the note is secured, details of the security or collateral provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Promissory Note

Sector

Banking

Cost

Free to use

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