Personal Borrowing Agreement Template for Belgium

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Personal Borrowing Agreement

"I need a Personal Borrowing Agreement under Belgian law for a €15,000 loan between family members, with monthly repayments over 24 months starting March 2025, including early repayment options and a fixed 2% interest rate."

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What is a Personal Borrowing Agreement?

The Personal Borrowing Agreement is essential for documenting private lending arrangements in Belgium, ensuring compliance with Belgian Civil Code and consumer protection laws. It serves as a comprehensive legal framework for personal loans, whether between private individuals or involving financial institutions. The document addresses key requirements under Belgian financial regulations, including mandatory disclosures, interest rate calculations, and consumer rights. It should be used whenever a personal loan is extended, regardless of the amount, to protect both lender and borrower interests. The agreement includes critical information such as loan terms, repayment schedules, default provisions, and applicable interest rates, all structured to comply with Belgian legal requirements and financial regulations. This document is particularly important given Belgium's strict consumer credit protection laws and the need for clear documentation in personal lending transactions.

What sections should be included in a Personal Borrowing Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and identification numbers as required by Belgian law

2. Background: Context of the loan agreement and relationship between the parties

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

4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose of the loan

5. Interest Rate: Details of the applicable interest rate, calculation method, and compliance with Belgian usury laws

6. Term and Repayment: Duration of the loan and detailed repayment terms including payment dates and methods

7. Rights and Obligations: Key responsibilities of both parties, including information provision and compliance requirements

8. Default and Remedies: Definition of events of default and consequent remedies available to the lender

9. Representations and Warranties: Standard declarations by the borrower about their financial status and capacity

10. Notices: Process for formal communications between parties

11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

What sections are optional to include in a Personal Borrowing Agreement?

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 third-party guarantors

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

4. Insurance Requirements: Mandatory insurance requirements - include when specific insurance is required

5. Assignment and Transfer: Terms for transferring or assigning the loan - include when transfer rights are needed

6. Tax Provisions: Specific tax-related obligations - include when tax implications need clarification

7. Force Majeure: Provisions for unforeseen circumstances - include when additional protection is needed

What schedules should be included in a Personal Borrowing Agreement?

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

2. Security Details: Detailed description of any security or collateral provided

3. Guarantor Information: Details of guarantors including their personal information and extent of guarantee

4. Conditions Precedent: List of conditions that must be satisfied before loan disbursement

5. Required Documents: List of documents required from the borrower (ID, proof of income, etc.)

6. Special Conditions: Any specific conditions or requirements unique to this loan agreement

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 Industries

Financial Services

Banking

Consumer Lending

Private Lending

Retail Banking

Wealth Management

Personal Finance

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Credit Administration

Retail Banking

Private Banking

Document Management

Consumer Finance

Regulatory Affairs

Operations

Relevant Roles

Legal Counsel

Credit Officer

Loan Officer

Compliance Manager

Risk Manager

Financial Advisor

Private Banking Manager

Consumer Credit Specialist

Legal Documentation Specialist

Retail Banking Manager

Personal Banking Advisor

Contract Administrator

Regulatory Compliance 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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