This Financial Contract template is designed for use in Austrian financial transactions, providing a comprehensive framework for various financial arrangements including loans, credit facilities, investment agreements, and other financial services. The document incorporates mandatory provisions required under Austrian law, including the Austrian Civil Code (ABGB), Banking Act (BWG), and Financial Markets Anti-Money Laundering Act (FM-GwG). It is particularly suitable for financial institutions, banks, and other regulated entities operating in Austria, ensuring compliance with both domestic and EU regulatory requirements. The contract includes essential provisions for financial terms, security arrangements, regulatory compliance, and risk management, while maintaining flexibility to accommodate specific transaction requirements.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Agreement: Clear description of the financial product or service being provided
5. Financial Terms: Principal amounts, interest rates, fees, and payment terms
6. Payment Provisions: Detailed payment mechanisms, dates, and processes
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Obligations of the Parties: Specific duties and responsibilities of each party
9. Default and Remedies: Events of default and corresponding remedies
10. Term and Termination: Duration of the agreement and termination provisions
11. Confidentiality: Protection of confidential information and banking secrecy requirements
12. Data Protection: GDPR compliance and data handling procedures
13. Notices: Communication methods and contact details for formal notices
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Security: Include when collateral or guarantees are required for the financial arrangement
2. Insurance: Include when specific insurance requirements are necessary
3. Assignment and Transfer: Include when transfer rights need to be specifically regulated
4. Force Majeure: Include for long-term financial arrangements where external events might impact performance
5. Regulatory Compliance: Include when specific regulatory requirements need detailed coverage
6. Tax Provisions: Include when specific tax implications need to be addressed
7. Electronic Execution: Include when electronic signing is permitted
8. Consumer Protection Rights: Include when one party is a consumer under Austrian law
1. Schedule 1 - Calculation of Interest: Detailed formula and examples of interest calculations
2. Schedule 2 - Fee Schedule: Comprehensive list of all applicable fees and charges
3. Schedule 3 - Payment Schedule: Detailed payment dates and amounts
4. Schedule 4 - Required Documents: List of documents required for due diligence and compliance
5. Schedule 5 - Security Details: Details of any collateral or security arrangements
6. Appendix A - Standard Terms and Conditions: General terms applicable to all similar financial products
7. Appendix B - Compliance Requirements: Detailed regulatory and AML compliance requirements
8. Appendix C - Form of Notices: Templates for various formal notices under the agreement
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