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Debt Repayment Agreement

Debt Repayment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Debt Repayment Agreement

"I need a Debt Repayment Agreement for a 500,000 CHF business loan between two Swiss companies, with monthly installments starting March 2025 and including early repayment options."

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Document background
The Debt Repayment Agreement is a crucial document used when parties need to formalize arrangements for settling outstanding debts under Swiss law. It is commonly employed in situations where a debtor acknowledges a debt and agrees to a structured repayment plan with the creditor. The agreement should comply with Swiss legal requirements, particularly the Swiss Code of Obligations (OR/CO) and the Federal Act on Debt Enforcement and Bankruptcy (SchKG). This document is essential for both individual and corporate debtors, providing clear terms for repayment schedules, interest calculations, default provisions, and enforcement mechanisms. It serves as a protective measure for both creditor and debtor by clearly documenting the agreed terms and ensuring legal compliance with Swiss debt collection and enforcement procedures.
Suggested Sections

1. Parties: Identification of the creditor and debtor with full legal names and addresses

2. Background: Context of the debt, including its origin and current status

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Debt: Formal acknowledgment of the debt amount and its validity

5. Repayment Terms: Detailed payment schedule, including amount, frequency, and method of payments

6. Interest Rate: Specification of any applicable interest rates and calculation method

7. Payment Method: Designated payment methods and account details

8. Default Provisions: Consequences of missing payments and definition of default events

9. Representations and Warranties: Basic statements of fact and promises by both parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

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

12. Entire Agreement: Standard clause confirming this agreement supersedes prior arrangements

Optional Sections

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

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

3. Early Repayment: Terms for early repayment options - include when early repayment is permitted

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

5. Debt Restructuring Terms: Terms for possible future restructuring - include when flexibility might be needed

6. Assignment and Transfer: Rights to assign or transfer the debt - include when transfer rights are relevant

7. Mediation Clause: Procedure for mediation before litigation - include when parties want alternative dispute resolution

8. Currency Conversion: Terms for handling multiple currencies - include when debt involves foreign currency

Suggested Schedules

1. Schedule 1 - Repayment Schedule: Detailed table of payment dates and amounts

2. Schedule 2 - Original Debt Documentation: Copies of original agreements or documents evidencing the debt

3. Schedule 3 - Security Details: Details of any security or collateral (if applicable)

4. Appendix A - Calculation of Interest: Detailed explanation of interest calculation method

5. Appendix B - Payment Instructions: Detailed banking and payment processing information

6. Appendix C - Contact Details: List of key contacts for both parties for various purposes

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Original Debt
Principal Amount
Interest Rate
Default Interest
Payment Date
Due Date
Business Day
Creditor
Debtor
Guarantor
Security
Event of Default
Force Majeure
Repayment Schedule
Banking Day
Effective Date
Outstanding Balance
Default Notice
Acceleration Event
Cure Period
Material Adverse Change
Payment Method
Permitted Payment Currency
Swiss Law
Working Day
Interest Period
Maturity Date
Security Interest
Collateral
Enforcement Event
Debt Documentation
Representations and Warranties
Applicable Law
Jurisdiction
Relevant Industries

Banking & Financial Services

Real Estate

Small Business

Corporate

Retail

Manufacturing

Construction

Professional Services

Healthcare

Education

Technology

Hospitality

Relevant Teams

Legal

Finance

Credit Control

Accounts Receivable

Treasury

Risk Management

Debt Recovery

Corporate Affairs

Compliance

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Collections Manager

Accounts Receivable Manager

Legal Counsel

Debt Recovery Specialist

Risk Manager

Treasury Manager

Financial Controller

Credit Analyst

Bankruptcy Specialist

Corporate Lawyer

Debt Restructuring Officer

Finance Administrator

Industries
Swiss Code of Obligations (OR/CO) - General Contract Law: Articles 1-40 covering general contract formation, including requirements for valid contracts, mutual consent, and formal requirements
Swiss Code of Obligations - Specific Provisions on Debt: Articles 312-318 covering loan agreements and money lending, including provisions on interest rates and repayment terms
Federal Act on Debt Enforcement and Bankruptcy (SchKG): Provisions governing debt enforcement procedures and creditor rights in Switzerland, particularly relevant if the debtor defaults
Swiss Civil Code (ZGB): Basic principles of Swiss civil law, including good faith principles and capacity to contract
Federal Act on Consumer Credit (KKG): Regulations on consumer credit agreements, applicable if the debt repayment involves a consumer credit situation
Swiss Federal Act on Unfair Competition (UWG): Provisions protecting against unfair business practices, including unfair contract terms
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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