Running Account Credit Agreement Template for Germany

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Key Requirements PROMPT example:

Running Account Credit Agreement

I need a Running Account Credit Agreement under German law for a small business credit facility with a €50,000 limit, including provisions for variable interest rates and quarterly reviews starting from March 2025.

Document background
The Running Account Credit Agreement is a fundamental banking document used in the German market to establish ongoing credit facilities between financial institutions and their customers. This agreement is essential when setting up flexible borrowing arrangements where the borrower needs continuous access to credit up to a predetermined limit, with the ability to draw down and repay funds multiple times. The document must comply with strict German banking regulations, including the German Civil Code (BGB), Banking Act (KWG), and EU consumer credit directives. It includes detailed provisions for credit limits, interest calculations, account operations, borrower obligations, and mandatory consumer protection clauses. The agreement is particularly important for establishing transparent and legally compliant credit relationships in the German banking sector, whether for individual consumers or business customers.
Suggested Sections

1. Parties: Identification of the credit institution and the borrower, including full legal names, addresses, and registration details

2. Background: Context of the agreement and establishment of the business relationship

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

4. Credit Facility: Details of the credit limit, nature of the facility, and terms of availability

5. Interest and Charges: Specification of interest rates, calculation methods, and all applicable fees

6. Drawdown and Repayment: Terms and conditions for utilizing the credit and making repayments

7. Account Operation: Rules for operating the running account, including statements and communications

8. Borrower's Representations and Warranties: Standard declarations by the borrower regarding their legal and financial status

9. Borrower's Obligations: Ongoing obligations of the borrower during the term of the agreement

10. Events of Default: Circumstances constituting default and their consequences

11. Term and Termination: Duration of the agreement and termination provisions

12. Data Protection: GDPR compliance and data processing provisions

13. Notices: Methods and requirements for formal communications between parties

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Security: Required when the credit facility is secured by collateral or guarantees

2. Insurance: Optional provisions for credit insurance or other required insurance

3. Electronic Communications: Specific terms for digital banking and electronic statements if offered

4. Special Drawing Conditions: For facilities with specific drawing requirements or restrictions

5. Third Party Rights: Required when third parties have rights under the agreement

6. Multiple Borrowers: Additional provisions for joint account holders or multiple borrowers

7. Foreign Currency Provisions: Required for facilities offering foreign currency transactions

Suggested Schedules

1. Schedule 1: Facility Terms: Detailed terms of the credit facility including limits and conditions

2. Schedule 2: Interest Rates and Charges: Comprehensive list of all applicable interest rates and fees

3. Schedule 3: Drawing and Payment Procedures: Detailed procedures for utilizing the credit facility

4. Schedule 4: Form of Drawdown Notice: Standard form for requesting drawdowns if required

5. Schedule 5: Direct Debit Authorization: SEPA direct debit mandate and related terms

6. Appendix A: Standard European Consumer Credit Information: Mandatory pre-contractual information as per EU directive

7. Appendix B: Data Protection Notice: Detailed privacy notice and data 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

Relevant legal definitions
Relevant Industries

Banking

Financial Services

Retail Banking

Corporate Banking

Consumer Finance

Commercial Lending

Small Business Banking

FinTech

Credit Services

Payment Services

Relevant Teams

Legal

Compliance

Credit Risk

Retail Banking

Corporate Banking

Operations

Product Development

Regulatory Affairs

Customer Service

Account Management

Documentation

Risk Management

Relevant Roles

Legal Counsel

Compliance Officer

Credit Risk Manager

Account Manager

Relationship Manager

Banking Operations Manager

Credit Analyst

Product Manager - Lending

Regulatory Affairs Specialist

Contract Administrator

Financial Services Manager

Branch Manager

Corporate Banking Officer

Consumer Banking 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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