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Acknowledgement Of Loan

Acknowledgement Of Loan Template for Germany

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Key Requirements PROMPT example:

Acknowledgement Of Loan

I need an Acknowledgement of Loan under German law for a €500,000 corporate loan from ABC GmbH to XYZ GmbH, with 5% annual interest rate and quarterly repayments starting March 2025.

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Document background
The Acknowledgement of Loan is a crucial document in German lending practices, used to formally recognize and confirm existing debt obligations. It serves multiple purposes: establishing clear evidence of the debt, creating an independent payment obligation, and potentially simplifying enforcement procedures. This document is particularly valuable when parties need to reaffirm existing loan terms, restructure debt, or create additional security for the lender. It must comply with German Civil Code requirements and typically includes comprehensive details about the loan amount, interest rates, repayment terms, and any collateral arrangements. The document is widely used in both commercial and private lending contexts, and its formal nature provides additional legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names, addresses, and any registration numbers for legal entities

2. Background: Brief context of the original loan agreement, including date of initial loan and any relevant history

3. Definitions: Key terms used in the document, including 'Loan Amount', 'Interest Rate', and 'Repayment Date'

4. Acknowledgement of Debt: Formal acknowledgement of the loan amount and confirmation that the money has been received

5. Loan Details: Specific details including principal amount, currency, date of disbursement, and purpose of the loan

6. Interest Terms: Interest rate, calculation method, and payment frequency

7. Repayment Terms: Schedule of repayment, including payment dates, amounts, and method of payment

8. Representations: Borrower's confirmation that they have the authority to enter into this acknowledgement and that the information provided is accurate

9. Governing Law: Confirmation that the acknowledgement is governed by German law

Optional Sections

1. Security: Details of any collateral or security provided for the loan, to be included if the loan is secured

2. Guarantor Details: Information about any guarantors and their obligations, required when there is a third-party guarantee

3. Default Provisions: Consequences of default and remedies available to the lender, included for more formal or higher-value loans

4. Amendment Provisions: Procedures for modifying the terms of the loan, included for longer-term or complex loans

5. Tax Provisions: Allocation of responsibility for any taxes or duties, included when tax implications are significant

6. Assignment Rights: Rights to assign or transfer the loan, included when transferability is relevant

Suggested Schedules

1. Repayment Schedule: Detailed schedule showing all payment dates and amounts

2. Original Loan Agreement: Copy of the original loan agreement being acknowledged

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

4. Payment History: Record of payments made to date, if this is an acknowledgement of an existing loan

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking

Financial Services

Real Estate

Corporate Finance

Small Business

Private Lending

Manufacturing

Retail

Construction

Technology

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Corporate Secretariat

Loan Administration

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Financial Controller

Credit Manager

Loan Officer

Legal Counsel

Corporate Lawyer

Finance Manager

Treasury Manager

Risk Manager

Compliance Officer

Account Manager

Business Development Manager

Company Secretary

Industries
BGB §§ 488-490: Core provisions for loan agreements (Darlehensvertrag) in German law, covering basic elements like principal amount, interest, repayment terms, and termination rights
BGB § 781: Provisions regarding the formal requirements and legal effects of an acknowledgment of debt (Schuldanerkenntnis)
BGB §§ 246-248: Regulations concerning interest rates and their calculation under German law
BGB §§ 305-310: Provisions regarding standard business terms (AGB) if the acknowledgment contains standardized terms
Verbraucherkreditgesetz (if applicable): Consumer Credit Act provisions that may apply if the loan is made to a consumer, including mandatory information requirements and right of withdrawal
Wuchergesetz: German Usury Law provisions that set limits on interest rates and protect against exploitative loan terms
BGB § 126: Requirements for written form (Schriftform) of contracts under German law
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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