The Personal Loan Agreement is a fundamental financial instrument used in Austrian banking and lending practices when an individual seeks to borrow money from a financial institution or private lender. This document is essential for compliance with Austrian financial regulations, including the ABGB, KSchG, and Banking Act (BWG). It should be used whenever a personal loan is extended in Austria, whether for general purposes, home improvements, education, or other personal needs. The agreement includes mandatory consumer protection provisions, clear interest rate calculations, repayment schedules, and default procedures. It serves as both a legal safeguard and operational guide for managing the loan throughout its lifecycle, ensuring transparency and legal certainty for all parties involved.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and identification numbers
2. Background: Brief context of the loan agreement and the parties' intention to enter into this lending arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose of the loan
5. Interest Rate: Details of the applicable interest rate, calculation method, and any variation provisions
6. Repayment Terms: Schedule of repayments, payment methods, and dates
7. Rights and Obligations: Key responsibilities and rights of both the lender and borrower
8. Default and Consequences: Definition of default events and their consequences, including default interest
9. Representations and Warranties: Statements and guarantees made by the borrower regarding their financial situation
10. Term and Termination: Duration of the agreement and conditions for early termination
11. Notices: How and where formal communications between parties should be made
12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
1. Security: Details of any collateral or security provided for the loan, used when the loan is secured
2. Guarantor Provisions: Terms applying to any guarantor of the loan, included when a guarantor is involved
3. Insurance Requirements: Mandatory insurance requirements, if any insurance is required to secure the loan
4. Early Repayment: Specific terms for early repayment options and any associated fees or calculations
5. Assignment and Transfer: Terms governing the transfer of rights under the agreement, if transfers are permitted
6. Data Protection: Specific privacy and data protection provisions beyond standard requirements
7. Force Majeure: Provisions for unforeseen circumstances affecting loan repayment
1. Schedule 1 - Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Schedule 2 - Identification Documents: Copies of identification documents of the borrower and any guarantors
3. Schedule 3 - Direct Debit Authorization: Authorization for automatic payment withdrawals, if applicable
4. Appendix A - Interest Rate Calculation: Detailed methodology for interest rate calculations and examples
5. Appendix B - Fee Schedule: List of all applicable fees and charges
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