Title Loan Agreement for Switzerland

Title Loan Agreement Template for Switzerland

A Title Loan Agreement under Swiss law is a specialized financing instrument where a borrower receives a loan while using their vehicle as collateral. The agreement is governed by Swiss federal law, particularly the Consumer Credit Act (KKG) and Code of Obligations (OR), and must comply with cantonal regulations regarding interest rates and lending practices. This document outlines the loan terms, security arrangements, borrower obligations, lender rights, and enforcement procedures while incorporating specific Swiss legal requirements for consumer protection and secured transactions.

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What is a Title Loan Agreement?

The Title Loan Agreement is utilized when a borrower seeks to obtain financing using their vehicle as collateral while retaining possession and use of the vehicle. This type of agreement is particularly common in situations requiring quick access to funds with available collateral. Under Swiss law, the document must incorporate specific consumer protection provisions from the Consumer Credit Act (KKG), comply with cantonal interest rate restrictions, and follow the security interest requirements of the Swiss Civil Code (ZGB). The agreement details the loan amount, interest rates, repayment terms, vehicle details, maintenance requirements, default provisions, and enforcement procedures. It's essential to ensure the agreement complies with both federal and cantonal regulations while protecting both lender and borrower interests.

What sections should be included in a Title Loan Agreement?

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 transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose

5. Interest Rate and Charges: Details of interest rate, calculation method, and any applicable fees

6. Security Interest: Description of the vehicle or asset serving as collateral, including registration details

7. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

8. Representations and Warranties: Borrower's confirmations regarding ownership, condition of collateral, and authority to enter agreement

9. Borrower's Obligations: Ongoing obligations including maintenance of collateral, insurance, and prohibited actions

10. Default Events: Circumstances constituting default and consequences

11. Enforcement Rights: Lender's rights upon default, including collection and disposal of collateral

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

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

1. Guarantor Provisions: Required when a third party guarantees the loan

2. Insurance Requirements: Detailed insurance requirements when specific coverage is mandatory

3. Multiple Borrowers: Additional provisions for joint borrowers

4. Cross-Collateralization: When multiple assets secure the loan

5. Electronic Communications: Provisions for digital notices and communications when agreed

6. Early Termination Rights: Specific conditions for early loan termination

7. Assignment and Transfer: Rights to assign or transfer the loan, if permitted

What schedules should be included in a Title Loan Agreement?

1. Schedule 1 - Vehicle Details: Detailed description of the vehicle including make, model, year, VIN, registration number

2. Schedule 2 - Payment Schedule: Detailed amortization schedule with payment dates and amounts

3. Schedule 3 - Interest Calculation: Detailed method of interest calculation and examples

4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage

5. Appendix A - Vehicle Valuation Report: Independent valuation of the vehicle serving as collateral

6. Appendix B - Vehicle Inspection Report: Condition report of the vehicle at time of loan

7. Appendix C - Required Notices: Mandatory consumer credit notices under Swiss law

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

Switzerland

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Automotive

Banking

Consumer Lending

Asset-Based Lending

Insurance

Legal Services

Vehicle Trading

Consumer Finance

Relevant Teams

Legal

Credit Operations

Risk Management

Compliance

Collections

Finance

Underwriting

Contract Administration

Customer Service

Asset Valuation

Relevant Roles

Credit Manager

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Collections Manager

Credit Analyst

Finance Director

Contract Administrator

Underwriter

Vehicle Appraiser

Consumer Credit Specialist

Regulatory Compliance 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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