Loan Agreement Contract Template for Belgium

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Key Requirements PROMPT example:

Loan Agreement Contract

"I need a Loan Agreement Contract under Belgian law for a €5 million secured commercial loan between our bank and a manufacturing company, with quarterly repayments starting March 2025, including specific covenants for maintaining financial ratios and requirements for equipment collateral."

Document background
The Loan Agreement Contract is a fundamental financial instrument used to formalize lending arrangements under Belgian law. It serves as the primary document governing the relationship between lenders and borrowers in Belgium, whether for commercial, personal, or specialized lending purposes. The agreement must comply with Belgian civil law requirements, financial regulations, and where applicable, consumer protection legislation. It typically includes detailed provisions on loan amount, interest calculation methods, repayment schedules, security arrangements, events of default, and remedies. The document is particularly important in the Belgian context due to specific regulatory requirements regarding interest rate calculations, mandatory information disclosure, and consumer protection measures. This type of agreement is essential for any lending transaction in Belgium, whether it involves individual borrowers, commercial entities, or financial institutions.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. The Facility: Details of the loan amount, purpose, and availability

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment: Terms and schedule for repayment of the principal amount

7. Payments: Payment mechanics, currency, and business day conventions

8. Representations and Warranties: Standard representations made by the borrower about their legal and financial status

9. Information Undertakings: Borrower's obligations to provide financial and other information

10. General Undertakings: Borrower's general obligations during the term of the loan

11. Events of Default: Circumstances that would constitute a default and consequences

12. Changes to Parties: Rules regarding assignment and transfer of rights and obligations

13. Notices: How formal communications between parties should be made

14. Calculations and Certificates: Rules regarding calculations and certificates under the agreement

15. Severability: Provisions for maintaining validity if parts are found unenforceable

16. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Security: Required if the loan is secured - details of collateral and security arrangements

2. Guarantees: Required if there are third-party guarantors of the loan

3. Insurance: Required if specific insurance coverage is mandatory for the loan

4. Financial Covenants: Include for commercial loans where financial ratios must be maintained

5. Tax Gross-Up and Indemnities: Include if tax implications need to be addressed specifically

6. Increased Costs: Include for longer-term loans to address potential regulatory changes

7. Right of Withdrawal: Required for consumer loans under Belgian consumer protection law

8. Prepayment: Include if early repayment is permitted and any associated fees

9. Multiple Currencies: Include if the loan can be drawn in different currencies

10. Anti-Corruption Provisions: Include for commercial loans or where required by lender policy

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Conditions Precedent: List of documents and conditions required before loan drawdown

3. Form of Drawdown Request: Template for borrower to request loan disbursement

4. Form of Compliance Certificate: Template for periodic compliance certification

5. Security Details: Detailed description of any security or collateral (if applicable)

6. Fee Schedule: Breakdown of all applicable fees and charges

7. Interest Calculation Examples: Examples showing how interest will be calculated

8. Required Insurance: Details of required insurance coverage (if applicable)

9. Form of Transfer Certificate: Template for transferring rights under the agreement

10. Know Your Customer Requirements: List of required customer due diligence documents

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

Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Agriculture

Construction

Energy

Transportation

Education

Hospitality

Professional Services

Non-Profit Organizations

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit Administration

Corporate Banking

Retail Banking

Documentation

Operations

Commercial Banking

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Treasury Manager

Financial Controller

Loan Officer

Corporate Banker

Legal Director

Banking Relationship Manager

Credit Analyst

Finance Manager

Contract Administrator

Corporate Secretary

Business Development Manager

Account Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts, including formation, validity, and enforcement of contractual obligations. Articles 1101-1369 specifically deal with contracts and conventional obligations.
Book VII of the Code of Economic Law: Regulates payment and credit services, including provisions on credit agreements, mandatory information requirements, and consumer protection measures.
Belgian Law on Interest (Wet op de interest/LOI sur les intérêts): Governs interest rates, including regulations on usury and maximum permitted interest rates for different types of loans.
Consumer Credit Act (Wet op het consumentenkrediet/LOI sur le crédit à la consommation): Specific regulations for consumer loans, including mandatory provisions for consumer protection, if the loan is for personal use rather than business purposes.
Anti-Money Laundering Law of 18 September 2017: Regulations regarding prevention of money laundering and terrorist financing that may affect loan documentation requirements and verification procedures.
EU Directive 2008/48/EC on Consumer Credit Agreements: European legislation implemented in Belgian law, setting standards for consumer credit agreements, including pre-contractual information requirements.
Belgian Financial Security Law: Governs security interests and collateral arrangements if the loan is secured by assets.
Belgian Privacy Law: Implements GDPR requirements regarding the processing of personal data in the context of loan agreements.
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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