The Lump Sum Promissory Note is a fundamental financial instrument used to document and formalize debt obligations under Swiss law. It serves as a legally binding commitment where one party (the maker) promises to pay a specific sum of money to another party (the payee) at a predetermined date. This document type is particularly useful in business transactions, loans, and financial arrangements where a clear, enforceable record of debt is required. The note must comply with Swiss legal requirements, particularly those set forth in the Swiss Code of Obligations, and typically includes essential elements such as the parties' details, payment amount, due date, and any applicable interest terms. A Lump Sum Promissory Note provides creditors with a strong legal position for debt collection and can be used as evidence in legal proceedings if enforcement becomes necessary.
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1. Title and Date: Clear identification of the document as a Promissory Note (Schuldschein) and date of issuance
2. Parties: Identification of the maker (promisor) and payee (promisee) with full legal names and addresses
3. Promise to Pay: Unconditional promise to pay a specific sum of money, including the currency and amount both in numbers and words
4. Payment Terms: Specification of when the payment is due (maturity date) and payment method
5. Interest: If applicable, the interest rate and calculation method
6. Place of Payment: Specification of where the payment should be made
7. Governing Law: Statement that the note is governed by Swiss law
8. Signature Block: Space for dated signature of the maker
1. Collateral: Include when the note is secured by specific assets or guarantees
2. Events of Default: Include when specific circumstances triggering immediate payment need to be defined
3. Prepayment Terms: Include when early payment options are allowed or restricted
4. Transfer Rights: Include when specific provisions regarding the transfer or assignment of the note are needed
5. Notice Provisions: Include when specific methods of communication between parties need to be defined
6. Enforcement Costs: Include when recovery of collection costs and attorney fees needs to be specifically provided for
1. Payment Schedule: If the payment includes any installments or specific payment dates
2. Collateral Description: Detailed description of any assets securing the note
3. Guarantee Agreement: If the note is guaranteed by a third party, attach the guarantee agreement
4. Authorization Resolution: If the maker is a company, include corporate resolution authorizing the note
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