Simple Unsecured Loan Agreement for Germany

Simple Unsecured Loan Agreement Template for Germany

A straightforward loan agreement governed by German law (Darlehensvertrag) that documents the terms of an unsecured lending arrangement between two parties. This agreement outlines the fundamental aspects of the loan including the principal amount, interest rate, repayment terms, and default provisions, while complying with German Civil Code (BGB) requirements. The document is designed to be clear and enforceable while maintaining simplicity, making it suitable for business-to-business or private lending situations where formal security arrangements are not required.

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What is a Simple Unsecured Loan Agreement?

The Simple Unsecured Loan Agreement is designed for situations where one party wishes to lend money to another without taking security over specific assets. This document is commonly used in Germany for straightforward lending arrangements between businesses or individuals, where the relationship between parties and the borrower's creditworthiness provide sufficient comfort for the loan. The agreement complies with German Civil Code (BGB) requirements and includes essential provisions for loan amount, interest calculation, repayment terms, and default scenarios. It's particularly suitable for mid-sized loans where the complexity and cost of secured lending arrangements would be disproportionate to the transaction value.

What sections should be included in a Simple Unsecured Loan Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement including 'Business Day', 'Default Event', 'Interest Rate', etc.

4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds

5. Interest: Interest rate, calculation method, and payment frequency

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

7. Representations and Warranties: Basic statements of fact and capacity from the borrower

8. Borrower Covenants: Key obligations of the borrower during the loan term

9. Events of Default: Circumstances constituting default and consequences

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

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

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Simple Unsecured Loan Agreement?

1. Security: Include if any informal security arrangements exist (while keeping the loan primarily unsecured)

2. Consumer Protection Provisions: Required if the borrower is a consumer (Verbraucher) under German law

3. Joint and Several Liability: Include if there are multiple borrowers

4. Data Protection: Required if personal data processing goes beyond basic contract administration

5. Assignment and Transfer: Include if parties want to specifically address loan transferability

6. Force Majeure: Include if parties want specific provisions for unforeseen circumstances

7. Costs and Expenses: Include if there are specific arrangements for legal or administrative costs

What schedules should be included in a Simple Unsecured Loan Agreement?

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

2. Form of Payment Notice: Standard template for payment notifications

3. Right of Withdrawal Notice: Mandatory for consumer loans - template notice of withdrawal rights

4. Contact Details: Detailed contact information for both parties for formal notices

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

Financing Agreement

Cost

Free to use
Relevant Industries

Financial Services

Small Business

Real Estate

Professional Services

Retail

Manufacturing

Technology

Family Business

Construction

Hospitality

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Secretariat

Business Development

Accounting

Risk Management

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Business Owner

Financial Controller

Treasury Manager

Credit Manager

Risk Manager

Compliance Officer

Corporate Lawyer

Managing Director

Finance Manager

Business Development Manager

Company Secretary

Accountant

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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