The Personal Borrowing Agreement is essential for documenting private lending arrangements in Belgium, ensuring compliance with Belgian Civil Code and consumer protection laws. It serves as a comprehensive legal framework for personal loans, whether between private individuals or involving financial institutions. The document addresses key requirements under Belgian financial regulations, including mandatory disclosures, interest rate calculations, and consumer rights. It should be used whenever a personal loan is extended, regardless of the amount, to protect both lender and borrower interests. The agreement includes critical information such as loan terms, repayment schedules, default provisions, and applicable interest rates, all structured to comply with Belgian legal requirements and financial regulations. This document is particularly important given Belgium's strict consumer credit protection laws and the need for clear documentation in personal lending transactions.
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1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and identification numbers as required by Belgian law
2. Background: Context of the loan agreement and relationship between the 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. Interest Rate: Details of the applicable interest rate, calculation method, and compliance with Belgian usury laws
6. Term and Repayment: Duration of the loan and detailed repayment terms including payment dates and methods
7. Rights and Obligations: Key responsibilities of both parties, including information provision and compliance requirements
8. Default and Remedies: Definition of events of default and consequent remedies available to the lender
9. Representations and Warranties: Standard declarations by the borrower about their financial status and capacity
10. Notices: Process for formal communications between parties
11. Governing Law and Jurisdiction: Confirmation of Belgian 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 third-party guarantors
3. Early Repayment: Terms for early loan repayment and any associated penalties - include when early repayment is permitted
4. Insurance Requirements: Mandatory insurance requirements - include when specific insurance is required
5. Assignment and Transfer: Terms for transferring or assigning the loan - include when transfer rights are needed
6. Tax Provisions: Specific tax-related obligations - include when tax implications need clarification
7. Force Majeure: Provisions for unforeseen circumstances - include when additional protection is needed
1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations
2. Security Details: Detailed description of any security or collateral provided
3. Guarantor Information: Details of guarantors including their personal information and extent of guarantee
4. Conditions Precedent: List of conditions that must be satisfied before loan disbursement
5. Required Documents: List of documents required from the borrower (ID, proof of income, etc.)
6. Special Conditions: Any specific conditions or requirements unique to this loan agreement
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