The Money Loan Agreement is a fundamental legal instrument used in Austrian financing transactions to document the lending of money between parties. It serves as the primary contract defining the legal relationship between lender and borrower, incorporating mandatory provisions required under Austrian law, particularly the Austrian Civil Code (ABGB) and, where applicable, the Consumer Protection Act (KSchG). The document is essential for both commercial and private lending arrangements, providing clear terms for loan amount, disbursement, interest calculation, repayment schedules, and default consequences. It includes necessary safeguards for both parties while ensuring compliance with Austrian banking regulations, usury laws, and interest rate restrictions. The agreement can be adapted for various lending scenarios, from simple personal loans to complex commercial financing structures, always maintaining its enforceability under Austrian jurisdiction.
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1. Parties: Identification of lender and borrower with full legal names, addresses, and registration details if applicable
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose of the loan
5. Disbursement: Terms and conditions for disbursement of the loan amount
6. Interest Rate: Interest rate specifications, calculation method, and payment schedule
7. Repayment Terms: Schedule and method of loan repayment, including installment amounts and dates
8. Default Interest and Late Payments: Consequences of late payments and applicable default interest rates
9. Representations and Warranties: Statements of fact and assurances from the borrower
10. Borrower's Obligations: Ongoing obligations and commitments of the borrower during the loan term
11. Events of Default: Circumstances constituting default and their consequences
12. Termination: Conditions and process for early termination of the agreement
13. Notices: Communication requirements and contact details for formal notices
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Security: Details of any collateral or security provided for the loan - include when loan is secured
2. Guarantor Provisions: Terms relating to any guarantors of the loan - include when there are guarantors
3. Insurance Requirements: Mandatory insurance requirements - include when specific insurance is required
4. Prepayment Terms: Conditions for early repayment - include when early repayment is permitted
5. Assignment and Transfer: Rights to assign or transfer the loan - include for institutional lenders
6. Data Protection: GDPR compliance provisions - include when personal data is processed
7. Costs and Expenses: Allocation of legal and administrative costs - include when costs are to be charged to borrower
8. Foreign Currency Provisions: Exchange rate provisions - include for loans in non-EUR currency
1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations
2. Security Details: Detailed description of any collateral or security arrangements
3. Draw Down Conditions: List of conditions precedent for loan disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. KYC Documentation: List of required identity verification documents
6. Insurance Certificates: Copies of required insurance policies
7. Direct Debit Authorization: Form for automatic payment setup if applicable
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