The Fixed Sum Loan Agreement Early Settlement is designed for use in the Netherlands when establishing a definite loan amount with the possibility of early repayment. This document type is particularly relevant in both consumer and commercial lending contexts where certainty of loan amount and repayment terms is essential, while maintaining flexibility for early settlement. It incorporates mandatory provisions required by Dutch law and EU directives, particularly regarding consumer protection and early repayment rights. The agreement is structured to ensure compliance with the Dutch Civil Code (Burgerlijk Wetboek) and the Financial Supervision Act (Wet op het financieel toezicht), while providing clear terms for calculation of early settlement amounts and any associated fees within the parameters allowed by Dutch law.
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1. Parties: Identification of Lender and Borrower with full legal names and addresses
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate: Details of applicable interest rate, calculation method, and payment terms
6. Repayment Terms: Regular repayment schedule and payment mechanics
7. Early Settlement Provisions: Terms and conditions for early repayment, including calculation method and any applicable fees
8. Representations and Warranties: Standard representations and warranties from the Borrower
9. Events of Default: Circumstances constituting default and consequences
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction
11. Notices: Communication methods and addresses for formal notices
1. Security: Include when loan is secured by specific assets or guarantees
2. Insurance Requirements: Include when specific insurance coverage is required for the loan
3. Assignment and Transfer: Include when either party may need to transfer rights under the agreement
4. Tax Provisions: Include when specific tax considerations need to be addressed
5. Co-signers: Include when there are additional parties guaranteeing the loan
6. Prepayment Penalties: Include when there are specific penalties for early repayment (subject to Dutch law restrictions)
7. Force Majeure: Include when specific circumstances beyond parties' control need to be addressed
1. Schedule 1 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
2. Schedule 2 - Early Settlement Calculation Method: Detailed methodology for calculating early settlement amounts
3. Schedule 3 - Form of Early Settlement Notice: Template for Borrower to notify Lender of intention to settle early
4. Schedule 4 - Direct Debit Authorization: Form for setting up automatic payments if applicable
5. Appendix A - Compliance with Consumer Credit Regulations: Mandatory disclosures required under Dutch consumer credit law
6. Appendix B - Interest Calculation Examples: Examples showing how interest and early settlement calculations work
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Financial Services
Banking
Consumer Lending
Commercial Lending
Real Estate
Small Business Services
Corporate Finance
Retail Banking
Asset Finance
Mortgage Lending
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Administration
Treasury
Commercial Banking
Retail Banking
Legal Operations
Documentation
Due Diligence
Relevant Roles
Legal Counsel
Finance Manager
Credit Officer
Loan Officer
Compliance Officer
Risk Manager
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Financial Controller
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