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Legally Binding Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Legally Binding Loan Agreement

"I need a Legally Binding Loan Agreement for a secured business loan of 500,000 CHF between my company as lender and a Swiss manufacturing business, with the borrower's equipment serving as collateral and quarterly repayments starting March 2025."

What is a Legally Binding Loan Agreement?

This Legally Binding Loan Agreement template is designed for use in Switzerland and complies with Swiss federal laws, particularly the Swiss Code of Obligations (OR/CO) and relevant banking regulations. It serves as a comprehensive framework for documenting loan transactions between various parties, whether they are financial institutions, companies, or private individuals. The agreement should be used whenever a formal lending arrangement is established in Switzerland, requiring detailed documentation of the loan amount, interest rates, repayment terms, and security arrangements. It includes mandatory provisions required under Swiss law while allowing customization for specific lending scenarios. The document is particularly important for ensuring enforceability of the loan terms and providing clear remedies in case of default, while meeting Swiss regulatory requirements for lending transactions.

What sections should be included in a Legally Binding Loan Agreement?

1. Parties: Identification and details of the lender and borrower, including full legal names, addresses, and registration details if applicable

2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds

5. Interest Rate: Interest rate specification, calculation method, and payment frequency

6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions

7. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Covenants: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances that constitute default and consequences thereof

11. Notices: How and where formal communications between parties should be made

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Legally Binding Loan Agreement?

1. Security: Details of any collateral or security interests - include when loan is secured

2. Guarantees: Terms of any guarantees or third-party assurances - include when there are guarantors

3. Insurance Requirements: Required insurance coverage for secured assets - include for secured loans

4. Tax Provisions: Handling of taxes and withholdings - include for cross-border loans or significant amounts

5. Assignment and Transfer: Rights to transfer or assign the loan - include for transferable loans

6. Financial Covenants: Specific financial metrics to be maintained - include for business loans

7. Regulatory Compliance: Specific regulatory requirements - include for regulated lenders or borrowers

8. Co-Borrower Provisions: Terms applying to multiple borrowers - include when there are co-borrowers

What schedules should be included in a Legally Binding Loan Agreement?

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Security Details: Detailed description of any collateral or security interests

3. Conditions Precedent Documents: List of required documents and conditions to be satisfied

4. Form of Drawdown Notice: Template for requesting loan disbursement

5. Form of Compliance Certificate: Template for periodic compliance reporting

6. Guarantor Documents: Forms and documents related to guarantees

7. Fee Schedule: Detailed breakdown of any applicable fees

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

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