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Shareholder Loan Promissory Note Template for Austria

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Key Requirements PROMPT example:

Shareholder Loan Promissory Note

"I need a standard Shareholder Loan Promissory Note for a 鈧500,000 loan to my Austrian GmbH, with 5% annual interest and full repayment due by March 2025."

Document background
The Shareholder Loan Promissory Note is a crucial document in Austrian corporate financing, typically used when a company requires additional funding and shareholders are willing to provide it through a formal loan structure. This document type is particularly important in the Austrian legal context as it must comply with specific requirements under the ABGB, UGB, and EKEG, especially regarding equity replacement rules and arms-length principles. The document captures essential loan terms including amount, interest, repayment schedule, and any security arrangements, while also addressing specific shareholder-company relationship aspects. It's commonly used in various scenarios including growth financing, working capital needs, or specific project funding, and provides both parties with clear documentation of their rights and obligations under Austrian law.
Suggested Sections

1. Parties: Identification of the lender (shareholder) and borrower (company), including registration details and addresses

2. Background: Brief context of the shareholder relationship and purpose of the loan

3. Definitions: Key terms used in the document, including Business Day, Default Event, Interest Period, etc.

4. Loan Amount and Disbursement: Principal amount of the loan and disbursement details

5. Interest Rate and Calculation: Applicable interest rate, calculation method, and payment periods

6. Repayment Terms: Schedule and method of principal repayment, including any early repayment provisions

7. Default Interest and Consequences: Provisions for late payment and default scenarios

8. Representations and Warranties: Basic confirmations by both parties regarding capacity and authority

9. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

Optional Sections

1. Security: Details of any collateral or security provided for the loan, if applicable

2. Subordination: Provisions regarding ranking of the loan relative to other creditors, particularly relevant in case of multiple shareholders or external debt

3. Tax Provisions: Specific tax-related provisions, particularly relevant if the shareholder is non-Austrian

4. Transfer Provisions: Rules regarding potential transfer of the promissory note, if transferability is desired

5. Equity Replacement Provisions: Specific provisions addressing EKEG requirements, particularly relevant if company is in crisis

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts, if installment repayment is agreed

2. Interest Calculation Examples: Illustrative examples of interest calculations for clarity

3. Form of Disbursement Request: Standard form for requesting loan disbursement, if relevant

4. Corporate Authorizations: Copies of relevant corporate approvals and resolutions

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 | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Manufacturing

Technology

Real Estate

Construction

Retail

Healthcare

Energy

Infrastructure

Financial Services

Professional Services

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Corporate Secretariat

Tax

Compliance

Corporate Development

Executive Management

Board of Directors

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Treasurer

Legal Counsel

Corporate Secretary

Financial Controller

Managing Director

Board Member

Shareholder Relations Manager

Investment Manager

Tax Manager

Compliance Officer

Company Director

General Counsel

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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