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Loan Facilitation Agreement for Germany

Loan Facilitation Agreement Template for Germany

This agreement, governed by German law, establishes the terms and conditions under which a loan facilitator provides services to assist clients in securing financing. The document complies with German banking regulations, including the Kreditwesengesetz (KWG) and relevant provisions of the Bürgerliches Gesetzbuch (BGB). It outlines the facilitator's responsibilities, fee structures, regulatory compliance requirements, and client obligations, while incorporating necessary consumer protection measures and data privacy requirements under GDPR.

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What is a Loan Facilitation Agreement?

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.

What sections should be included in a Loan Facilitation Agreement?

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

What sections are optional to include in a Loan Facilitation Agreement?

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

What schedules should be included in a Loan Facilitation Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Healthcare

Technology

Retail

Hospitality

Agriculture

Transportation

Energy

Infrastructure

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Development

Operations

Credit

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Loan Officer

Financial Advisor

Compliance Officer

Legal Counsel

Risk Manager

Business Development Manager

Credit Analyst

Corporate Finance Manager

Banking Relationship Manager

Financial Controller

Commercial Director

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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