Simple Note Payable Agreement for Germany

Simple Note Payable Agreement Template for Germany

A Simple Note Payable Agreement under German law (governed by the Bürgerliches Gesetzbuch - BGB) is a legally binding document that evidences a debt and contains a written promise by one party to pay a specific sum of money to another party under defined terms. The document includes essential elements such as the principal amount, interest rate, repayment schedule, and maturity date, while complying with German civil law requirements for loan agreements. It serves as both a proof of debt and a governing document for the lending relationship, establishing the rights and obligations of both the lender and borrower in accordance with German legal standards.

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What is a Simple Note Payable Agreement?

The Simple Note Payable Agreement is a fundamental debt instrument used in German business and personal lending transactions. It serves as documentary evidence of a loan and the borrower's promise to repay, structured in compliance with German civil law requirements, particularly the Bürgerliches Gesetzbuch (BGB). This document type is commonly used when there is a need to formalize a lending arrangement with clear, legally enforceable terms, but without the complexity of a full loan agreement. The Simple Note Payable Agreement includes essential information such as loan amount, interest rate, payment schedule, and maturity date, while incorporating necessary provisions to ensure enforceability under German law. It's particularly useful for straightforward lending arrangements between parties where a formal record of debt and repayment terms is required.

What sections should be included in a Simple Note Payable Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Brief context of the loan arrangement and purpose

3. Definitions: Key terms used in the agreement including 'Business Day', 'Interest Rate', 'Maturity Date', etc.

4. Loan Amount: Principal amount of the loan in specified currency

5. Interest Rate: Agreed interest rate, calculation method, and payment frequency

6. Repayment Terms: Schedule of repayment including maturity date and payment mechanics

7. Payment Mechanics: Bank account details, payment method, and timing requirements

8. Representations and Warranties: Basic statements about borrower's capacity and authority to enter into the agreement

9. Events of Default: Circumstances constituting default and consequences

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

11. Governing Law: Specification of German law as governing law and jurisdiction

What sections are optional to include in a Simple Note Payable Agreement?

1. Security: Details of any collateral or security for the loan, if applicable

2. Early Repayment: Terms for voluntary early repayment, including any penalties or fees

3. Late Payment: Additional interest or penalties for late payment

4. Assignment: Rights and restrictions regarding transfer of the note

5. Tax Provisions: Allocation of responsibility for taxes and required withholdings

6. Force Majeure: Provisions for unforeseeable circumstances affecting repayment

7. Costs and Expenses: Allocation of legal and administrative costs

What schedules should be included in a Simple Note Payable Agreement?

1. Repayment Schedule: Detailed schedule of payment dates and amounts

2. Form of Notice: Template for required notices under the agreement

3. Copy of Resolution: Corporate resolution authorizing borrower to enter into agreement (if borrower is a company)

4. Specimen Signature: Authenticated signatures of authorized signatories

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Small and Medium Enterprises

Manufacturing

Retail

Professional Services

Technology

Construction

Agriculture

Healthcare

Relevant Teams

Legal

Finance

Treasury

Accounting

Credit Control

Risk Management

Compliance

Corporate Secretariat

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Accounts Receivable Manager

Credit Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Business Development Manager

Contract Administrator

Company Secretary

Banking Relationship Manager

Financial Analyst

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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