The Loan Facilitation Agreement is essential for businesses providing loan arrangement services in Germany. It is used when a facilitator agrees to assist clients in obtaining financing from lenders, defining the scope of services, compensation structure, and regulatory obligations. The document ensures compliance with German banking laws, including the Kreditwesengesetz (KWG) and relevant provisions of the Bürgerliches Gesetzbuch (BGB). This agreement is particularly important given Germany's strict regulatory environment for financial services, requiring careful attention to consumer protection, data privacy under GDPR, and anti-money laundering regulations. It protects both the facilitator and client by clearly defining expectations, responsibilities, and limitations of the service.
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1. Parties: Identification of the loan facilitator and the client, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including the client's desire to obtain a loan and the facilitator's role in arranging it
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the loan facilitation services to be provided
5. Facilitator's Obligations: Specific duties and responsibilities of the loan facilitator
6. Client's Obligations: Requirements and responsibilities of the client, including provision of accurate information
7. Fees and Payment Terms: Structure and timing of facilitation fees, success fees, and payment conditions
8. Regulatory Compliance: Compliance with German banking laws, anti-money laundering regulations, and other applicable legislation
9. Confidentiality: Obligations regarding confidential information and data protection
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Liability and Indemnification: Extent of facilitator's liability and indemnification provisions
12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Multiple Borrower Provisions: Additional terms for cases where the client represents multiple potential borrowers
2. International Transactions: Specific provisions for cross-border loan facilitation
3. Online Services: Terms specific to digital platform usage and electronic communications
4. Success-Based Compensation: Detailed terms for success fee structures when applicable
5. Exclusivity: Terms granting exclusive rights to the facilitator for a specified period
6. Referral Partners: Provisions dealing with third-party referral arrangements
7. Special Purpose Vehicle: Terms for cases involving the creation or use of SPVs
1. Schedule 1 - Service Description: Detailed breakdown of facilitation services and deliverables
2. Schedule 2 - Fee Structure: Comprehensive fee calculation methods and payment schedules
3. Schedule 3 - Required Documentation: List of documents required from the client for loan facilitation
4. Schedule 4 - Compliance Checklist: Regulatory compliance requirements and verification procedures
5. Appendix A - Power of Attorney: Standard form of power of attorney if required for facilitation
6. Appendix B - Client Information Form: Template for collecting client information and loan requirements
7. Appendix C - Privacy Notice: Detailed GDPR-compliant privacy and data protection notice
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Chief Financial Officer
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