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Credit Card Promissory Note for Germany

Credit Card Promissory Note Template for Germany

A Credit Card Promissory Note is a formal debt instrument governed by German law that creates a legally binding promise by a credit card holder to pay a specified outstanding credit card balance to the issuing financial institution. The document combines elements of German civil law (BGB) requirements for promissory notes with specific consumer protection provisions required under German banking regulations. It typically includes detailed acknowledgment of the debt, specific payment terms, interest calculations, and default provisions, all structured to comply with German consumer credit legislation and banking requirements.

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Credit Card Promissory Note

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What is a Credit Card Promissory Note?

A Credit Card Promissory Note is utilized when there is a need to formally document and restructure outstanding credit card debt under German law. This document is typically employed when a credit card holder needs to establish a formal payment arrangement for their outstanding balance or when the credit card issuer requires additional documentation of the debt obligation. The document must comply with the German Civil Code (BGB), German Banking Act (KWG), and consumer protection regulations, making it a specialized instrument that combines traditional promissory note elements with modern consumer credit requirements. It's particularly useful in situations involving debt restructuring, payment plans, or when additional security for the credit card debt is required. The document includes specific details about the outstanding balance, payment terms, interest rates, and any security arrangements, all structured to ensure enforceability under German law while protecting consumer rights.

What sections should be included in a Credit Card Promissory Note?

1. Parties: Identification of the credit card issuer (bank/financial institution) and the cardholder(s), including full legal names, addresses, and registration details for the institution

2. Background: Reference to the underlying credit card agreement, account number, and context of the promissory note's creation

3. Definitions: Key terms used in the document, including 'Outstanding Balance', 'Payment Date', 'Interest Rate', and other relevant terms

4. Acknowledgment of Debt: Clear statement acknowledging the specific credit card debt amount and its origin

5. Promise to Pay: Unconditional promise to pay the acknowledged debt, including the exact amount, currency, and payment terms

6. Interest and Charges: Specification of applicable interest rates, calculation method, and any additional charges

7. Payment Terms: Detailed payment schedule, methods of payment, and payment processing details

8. Default Provisions: Consequences of missing payments and the creditor's rights in case of default

9. Representations and Warranties: Cardholder's confirmation of debt validity and capacity to pay

10. Governing Law and Jurisdiction: Explicit statement of German law application and jurisdiction for disputes

What sections are optional to include in a Credit Card Promissory Note?

1. Security Provisions: Include when the promissory note is secured by collateral or guarantees

2. Joint and Several Liability: Required when multiple cardholders are jointly liable for the debt

3. Special Payment Arrangements: Used when establishing specific payment plans or debt restructuring terms

4. Notice Requirements: Include when specific notification procedures are required beyond standard terms

5. Assignment Rights: Include when the creditor wishes to reserve the right to assign the note

6. Acceleration Clause: Optional provision allowing the creditor to demand immediate full payment under specific circumstances

What schedules should be included in a Credit Card Promissory Note?

1. Schedule A - Debt Statement: Detailed breakdown of the outstanding credit card balance, including principal, interest, and other charges

2. Schedule B - Payment Schedule: If applicable, detailed payment plan showing installment amounts and due dates

3. Schedule C - Interest Calculation: Methodology and examples of interest calculation as required by German consumer protection laws

4. Appendix 1 - Copy of Credit Card Statement: Most recent credit card statement showing the debt being acknowledged

5. Appendix 2 - Original Credit Card Agreement: Reference copy of the underlying credit card agreement

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

Jurisdiction

Germany

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions





























Clauses
























Relevant Industries

Banking

Financial Services

Consumer Credit

Retail Banking

Commercial Banking

Payment Services

E-commerce

Retail

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Collections

Retail Banking

Corporate Banking

Documentation

Consumer Protection

Credit Analysis

Relevant Roles

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Banking Operations Manager

Consumer Credit Specialist

Collections Manager

Debt Restructuring Officer

Credit Risk Analyst

Corporate Banker

Retail Banking Manager

Legal Documentation Specialist

Consumer Protection Officer

Banking Relations Manager

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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