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1. Parties: Identification of the family member providing the loan (Lender) and the family member receiving the loan (Borrower), including full legal names, addresses, and ID numbers
2. Background: Brief context of the family relationship and purpose of the loan
3. Definitions: Key terms used in the agreement, including 'Loan Amount', 'Interest Rate', 'Repayment Date', and other relevant terminology
4. Loan Details: Specific amount of the loan, purpose, and disbursement details
5. Interest: Interest rate (if any) and calculation method, ensuring compliance with Maltese interest rate caps
6. Repayment Terms: Payment schedule, method of payment, and conditions for early repayment
7. Default and Remedies: Consequences of missed payments or default, while considering the family nature of the agreement
8. Representations and Warranties: Basic confirmations from both parties about their capacity to enter into the agreement
9. Governing Law and Jurisdiction: Confirmation that Maltese law governs the agreement and Maltese courts have jurisdiction
10. Signatures: Execution block for both parties with space for witnesses
1. Security: Details of any assets provided as security for the loan, used when the loan amount is substantial or security is specifically requested
2. Death or Incapacity: Provisions dealing with what happens if either party dies or becomes incapacitated during the loan term
3. Tax Provisions: Specific clauses dealing with tax implications of the loan and interest payments, particularly relevant for larger amounts
4. Dispute Resolution: Alternative dispute resolution mechanisms before resorting to courts, particularly important for preserving family relationships
5. Amendment and Variation: Process for changing loan terms by mutual agreement, useful for flexible family arrangements
6. Assignment: Restrictions on transferring the loan to other parties, important for keeping the arrangement within the family
7. Financial Hardship: Provisions for handling temporary inability to pay due to financial difficulties, including payment holidays or restructuring
8. Witnesses and Notarization: Additional formalities section when the loan amount is substantial or parties want extra legal certainty
1. Schedule 1 - Payment Schedule: Detailed repayment schedule including dates, amounts, and payment methods
2. Schedule 2 - Security Details: If applicable, detailed description of any security provided, including asset valuations
3. Schedule 3 - Form of Notice: Template forms for various notices under the agreement, such as prepayment notices or default notices
4. Appendix A - Family Relationship Declaration: Document confirming the family relationship between the parties and its nature
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