Loan Transfer Agreement Template for Belgium

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Key Requirements PROMPT example:

Loan Transfer Agreement

"I need a Loan Transfer Agreement under Belgian law for transferring a €5M commercial real estate loan from BankCo SA to InvestFund BV, with completion planned for March 2025. The loan is secured by property in Brussels and includes existing guarantees that need to be transferred."

Document background
The Loan Transfer Agreement is a critical document used in Belgian financial markets when one party wishes to transfer its rights and obligations under an existing loan to another party. This document type is particularly relevant in scenarios involving loan portfolio sales, restructuring, or strategic exits from lending positions. The agreement must comply with Belgian civil law requirements for the assignment of rights (cession de créance/overdracht van schuldvordering) and typically includes detailed provisions covering the transfer mechanics, representations and warranties, and completion requirements. It's especially important in regulated financial sectors where additional compliance obligations may apply, and must address any security interests associated with the loan. The document serves as the primary instrument for documenting the terms and conditions of the transfer, ensuring legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification of the transferor, transferee, and any other relevant parties (such as the original borrower)

2. Background: Context of the original loan and the reason for the transfer

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

4. Transfer and Assignment: Core provisions detailing the transfer of the loan, including the effective date and scope of transfer

5. Purchase Price and Payment: Details of the consideration for the transfer and payment mechanisms

6. Completion Requirements: Actions required to complete the transfer, including delivery of documents and notifications

7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and the loan being transferred

8. Transferor's Obligations: Ongoing obligations of the transferor, including assistance with transition and document delivery

9. Transferee's Obligations: Obligations of the transferee, including assumption of lender responsibilities

10. Tax and Expenses: Allocation of tax liabilities and transaction costs

11. Notices: Process for formal communications between parties

12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Security Transfer: Required if the loan includes any security interests that need to be transferred

2. Regulatory Compliance: Required if either party is a regulated entity or if the loan transfer requires regulatory approvals

3. Data Protection: Required if personal data is involved in the transfer

4. Third Party Rights: Required if there are guarantors or other third parties with rights related to the loan

5. Confidentiality: Optional but recommended for sensitive commercial transactions

6. Further Assurance: Optional clause requiring parties to take additional steps if needed to perfect the transfer

7. Parent Company Guarantee: Required if there is a parent company guarantee supporting the obligations

Suggested Schedules

1. Schedule 1 - Loan Details: Detailed description of the loan being transferred, including amount, interest rate, and payment terms

2. Schedule 2 - Loan Documentation: List of all relevant loan documents being transferred

3. Schedule 3 - Form of Transfer Notice: Template notice to be sent to the borrower and any other relevant parties

4. Schedule 4 - Completion Requirements: Detailed checklist of actions required for completion

5. Schedule 5 - Security Documents: List and copies of any security documents if applicable

6. Appendix A - Original Loan Agreement: Copy of the original loan agreement being transferred

7. Appendix B - Required Consents: Copies of any required third-party or regulatory consents

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
Relevant Industries

Banking

Financial Services

Investment Management

Private Equity

Corporate Finance

Real Estate

Infrastructure

Asset Management

Commercial Lending

Investment Banking

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Finance

Credit Administration

Investment

Portfolio Management

Transaction Management

Relevant Roles

Legal Counsel

Finance Director

Corporate Lawyer

Transaction Manager

Portfolio Manager

Credit Officer

Compliance Officer

Risk Manager

Treasury Manager

Investment Manager

Legal Director

Chief Financial Officer

Corporate Finance Manager

Debt Portfolio Manager

Senior Loan Officer

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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