The Loan Receipt Agreement (Darlehensempfangsbestätigung) is a crucial document used in German lending transactions to formally acknowledge the receipt of borrowed funds and establish the contractual framework for the loan relationship. This document is particularly important in the German legal context as it serves both as evidence of the loan disbursement and as a binding agreement outlining the terms of repayment. It must comply with the German Civil Code (BGB) provisions regarding loan agreements (§§ 488-507) and, where applicable, consumer credit regulations. The agreement is commonly used in various contexts, from business loans to private lending arrangements, and can be adapted to include security interests, guarantees, and specific repayment terms while maintaining its enforceability under German 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: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended use of funds
5. Interest Rate: Details of applicable interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, payment methods, and due dates
7. Disbursement: Conditions for and method of loan disbursement
8. Representations and Warranties: Statements of fact by borrower regarding their legal and financial status
9. Borrower's Obligations: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Notices: Communication methods and contact details for formal notices
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
13. Miscellaneous: Standard boilerplate provisions including severability and amendments
1. Security: Details of any collateral or security interests - include when loan is secured
2. Guarantees: Terms of any third-party guarantees - include when guaranteed by another party
3. Insurance Requirements: Required insurance coverage for secured assets - include for secured loans
4. Prepayment Terms: Conditions for early repayment - include if early repayment is allowed
5. Financial Covenants: Financial maintenance requirements - include for business loans
6. Tax Provisions: Treatment of taxes and withholding - include for cross-border or large loans
7. Assignment and Transfer: Rights to assign or transfer the loan - include if transferability is desired
8. Multiple Borrowers: Joint and several liability terms - include with multiple borrowers
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Disbursement Requirements: List of documents required for loan disbursement
3. Form of Disbursement Request: Template for requesting loan disbursement
4. KYC Documentation: Required identity verification documents as per GwG
5. Security Documentation: Details of security registration and perfection requirements
6. Calculation of Effective Annual Rate: Detailed breakdown of interest calculation as per PAngV
7. Direct Debit Authorization: SEPA direct debit mandate form if applicable
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