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Family Promissory Note Template for Denmark

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Family Promissory Note

Document background
The Family Promissory Note is a crucial document used in Danish family lending situations to formalize financial arrangements between family members. It is particularly relevant when family members wish to establish clear, legally enforceable terms for substantial loans while maintaining compliance with Danish law. The document combines elements of both contract and family law, ensuring that the loan arrangement is properly documented and enforceable while considering the special nature of family relationships. This type of agreement is especially important for tax compliance, inheritance planning, and avoiding future disputes. The Family Promissory Note should be used whenever there is a significant loan between family members in Denmark, as it provides clarity on terms, protects both parties' interests, and ensures compliance with Danish financial regulations and tax requirements.
Suggested Sections

1. Parties: Identification of the lender and borrower, including full legal names, addresses, and civil registration numbers (CPR numbers)

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

3. Definitions: Key terms used in the agreement, including 'Principal Amount', 'Interest Rate', 'Payment Date', etc.

4. Loan Amount and Interest: Specification of the principal amount being lent and the agreed interest rate (if any), in compliance with Danish Interest Act

5. Repayment Terms: Details of how and when the loan will be repaid, including payment schedule and method of payment

6. Default Provisions: Consequences of missing payments or other defaults, including any default interest rates

7. Representations: Basic representations by both parties regarding their capacity to enter into the agreement

8. Notices: How formal communications between the parties should be made

9. Governing Law: Confirmation that Danish law governs the agreement

10. Signatures: Execution block for both parties with date and signatures

Optional Sections

1. Security: Include if any collateral is being provided to secure the loan

2. Early Repayment: Include if the borrower is allowed to repay the loan before the due date

3. Death or Incapacity: Include provisions for what happens if either party dies or becomes incapacitated

4. Tax Implications: Include if there are specific tax considerations to be acknowledged

5. Interest Forgiveness: Include if there are conditions under which interest might be forgiven

6. Dispute Resolution: Include if parties want to specify mediation or other dispute resolution methods before court proceedings

7. Assignment: Include if transfer of the note to other family members needs to be addressed

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment dates and amounts, if not a single payment

2. Collateral Description: Detailed description of any assets provided as security, if applicable

3. Family Relationship Documentation: If required, documentation proving the family relationship between the parties

Authors

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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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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