Personal Loan Promissory Note for Germany

Personal Loan Promissory Note Template for Germany

A Personal Loan Promissory Note under German law (Schuldschein) is a formal written promise to repay a specific sum of money under defined terms and conditions. The document is governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB), particularly sections 488-490 regarding loan agreements and general contract law provisions. It includes essential details such as the loan amount, interest rate, repayment schedule, and the parties' obligations. The document serves as both a proof of debt and a legally binding agreement, incorporating consumer protection elements as required by German law.

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What is a Personal Loan Promissory Note?

The Personal Loan Promissory Note is a crucial document in German private lending transactions, used to formalize loan agreements between individuals or between individuals and financial institutions. This document type combines elements of a promissory note (Schuldschein) with a loan agreement, structured according to German Civil Code (BGB) requirements. It is typically used when parties need a straightforward but legally robust document to evidence a loan, particularly in private lending scenarios. The document includes all essential loan terms, parties' details, repayment obligations, and any security arrangements, while ensuring compliance with German consumer protection laws and banking regulations. It's particularly important in situations where formal documentation of a personal loan is required for legal certainty or future enforcement.

What sections should be included in a Personal Loan Promissory Note?

1. Parties: Identification of the lender and borrower with full legal names, addresses, and if applicable, registration details

2. Background: Brief context of the loan arrangement and relationship between parties

3. Definitions: Key terms used in the document, keeping it minimal but precise

4. Loan Amount and Currency: Clear statement of the principal amount being lent and the currency

5. Interest Rate: Specification of the interest rate, calculation method, and payment frequency

6. Repayment Terms: Payment schedule, method of payment, and due dates

7. Promise to Pay: The formal promise by the borrower to repay the loan under the specified terms

8. Events of Default: Circumstances that constitute default and consequences

9. Notices: How and where formal communications between parties should be made

10. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Personal Loan Promissory Note?

1. Security: Details of any collateral or security provided for the loan - include when loan is secured

2. Guarantor Provisions: Terms relating to any guarantors of the loan - include when there are guarantors

3. Early Repayment: Terms for early repayment options and any associated fees - include when early repayment is permitted

4. Insurance Requirements: Any required insurance coverage - include when specific insurance is required

5. Assignment: Terms regarding the transfer of rights under the note - include when assignment rights are needed

6. Late Payment Penalties: Specific penalties or additional interest for late payments - include when applicable

7. Tax Provisions: Allocation of tax obligations - include when tax implications need clarification

What schedules should be included in a Personal Loan Promissory Note?

1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations

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

3. Guarantor Information: Detailed information about guarantors including their declarations (if applicable)

4. Payment Instructions: Bank account details and payment processing information

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

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant Industries

Financial Services

Banking

Private Lending

Consumer Finance

Wealth Management

Real Estate

Small Business

Relevant Teams

Legal

Compliance

Credit Risk

Private Banking

Retail Banking

Documentation

Collections

Customer Service

Financial Advisory

Operations

Relevant Roles

Legal Counsel

Loan Officer

Private Banking Manager

Credit Risk Manager

Compliance Officer

Financial Advisor

Debt Collection Officer

Contract Administrator

Personal Banking Representative

Wealth Manager

Notary Public

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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