The Loan Cancellation Letter is a critical document used in Swiss banking and financial transactions when a lender agrees to formally cancel or forgive a loan obligation. This document is typically employed in scenarios such as debt restructuring, group company reorganizations, or when a borrower and lender have reached an agreement to terminate the loan relationship. Under Swiss law, particularly the Code of Obligations (OR/CO), such cancellation must be explicitly documented to ensure legal certainty and proper extinction of obligations. The letter serves as conclusive evidence of the parties' agreement to terminate the loan, including details about the original loan agreement, the amount being cancelled, effective date of cancellation, and any conditions that must be met. It may also address the treatment of security interests, guarantees, and other related agreements that need to be terminated or modified as a result of the loan cancellation.
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1. Letter Header: Date, sender's details, recipient's details, and reference number of the original loan
2. Loan Reference: Clear identification of the loan being cancelled, including the original loan agreement date, parties, and amount
3. Cancellation Declaration: Express statement of the loan cancellation, including the effective date and amount being cancelled
4. Confirmation of No Further Obligations: Statement confirming that all obligations under the loan are extinguished and neither party has any further claims
5. Return of Documents: Details regarding the return or cancellation of any original loan documentation or security documents
6. Governing Law: Confirmation that the cancellation is governed by Swiss law
7. Signature Block: Space for authorized signatures from both the lender and borrower
1. Partial Cancellation Terms: Required when only a portion of the loan is being cancelled, specifying the remaining balance and terms
2. Conditions Precedent: Include if the cancellation is subject to certain conditions being met
3. Release of Security: Required when there are security interests that need to be released
4. Tax Implications: Include when there are specific tax consequences that need to be acknowledged
5. Third Party Consents: Required when the cancellation requires consent from guarantors or other third parties
6. Settlement Terms: Include if the cancellation is part of a broader settlement agreement
1. Schedule of Security Documents: List of security documents to be returned or cancelled
2. Calculation Schedule: Details of any final calculations, including interest or fees being waived
3. Related Agreements: List of any related agreements affected by the cancellation
4. Authorization Evidence: Copies of corporate authorizations or powers of attorney proving authority to cancel the loan
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Relevant legal definitions
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Relevant Industries
Banking & Financial Services
Corporate Lending
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Energy
Agriculture
Hospitality
Transportation & Logistics
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretariat
Loan Administration
Portfolio Management
Transaction Management
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Relationship Manager
Compliance Officer
Financial Controller
Corporate Secretary
Banking Manager
Debt Recovery Officer
Portfolio Manager
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