The Family Member Promissory Note is essential for documenting financial loans between family members in Switzerland, providing a clear legal framework while acknowledging the unique nature of family relationships. This document is particularly useful when family members wish to formalize financial arrangements, whether for business investments, property purchases, education funding, or other personal needs. The note must comply with Swiss legal requirements, including the Swiss Code of Obligations and relevant tax regulations, while maintaining flexibility for family circumstances. It includes comprehensive details about the loan terms, repayment schedule, interest provisions (if any), and default procedures, all tailored to meet Swiss legal standards. The document is designed to protect both the lending and borrowing family members' interests while potentially offering more favorable terms than commercial loans.
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1. Parties: Identification of the lender and borrower, including full legal names, addresses, and relationship
2. Background: Brief context of the family loan arrangement and purpose of the loan
3. Definitions: Key terms used in the document, including 'Loan Amount', 'Interest Rate', 'Payment Date', etc.
4. Loan Amount and Purpose: Specific amount being lent and detailed purpose of the loan
5. Repayment Terms: Schedule of repayments, including payment amounts, frequency, and final maturity date
6. Interest: Interest rate (if applicable), calculation method, and payment schedule
7. Method of Payment: Acceptable payment methods and payment instructions
8. Prepayment: Terms and conditions for early repayment of the loan
9. Default Provisions: Consequences of missed payments or other defaults
10. Representations and Warranties: Basic statements about the capacity to enter into the agreement
11. Notices: How and where formal communications between parties should be made
12. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Security: Include when the loan is secured by specific assets or collateral
2. Guarantor Provisions: Include when a third family member is guaranteeing the loan
3. Death or Incapacity: Include specific provisions for handling the loan in case of death or incapacity of either party
4. Tax Provisions: Include when there are specific tax implications to be addressed, particularly for interest-free loans
5. Dispute Resolution: Include when parties want to specify mediation or alternative dispute resolution before court proceedings
6. Amendment Process: Include when flexibility for future changes to terms is desired
7. Financial Hardship Clause: Include provisions for temporary payment modifications in case of financial difficulties
1. Repayment Schedule: Detailed table of payment dates and amounts
2. Interest Calculation Examples: If applicable, examples showing how interest is calculated
3. Asset Documentation: If loan is secured, details and documentation of security
4. Related Family Agreements: Any related family arrangements that affect this loan
5. Proof of Funds: Documentation showing the source and transfer of the loan amount
Relevant legal definitions
Clauses
Relevant Industries
Private Banking
Wealth Management
Family Office Services
Legal Services
Financial Services
Tax Advisory
Estate Planning
Private Client Services
Relevant Teams
Legal
Wealth Management
Private Banking
Tax Advisory
Compliance
Estate Planning
Financial Planning
Private Client Services
Family Office Services
Relevant Roles
Private Banker
Wealth Manager
Family Office Manager
Legal Counsel
Tax Advisor
Estate Planner
Financial Advisor
Trust Officer
Relationship Manager
Compliance Officer
Private Client Lawyer
Financial Planning Consultant
Family Business Advisor
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