Promissory Agreement Template for Switzerland

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Key Requirements PROMPT example:

Promissory Agreement

"I need a Swiss Promissory Agreement for a loan of 500,000 CHF to be repaid in quarterly installments over 2 years, with the first payment due on March 1, 2025, including a security interest over my company's equipment."

Document background
The Promissory Agreement is a fundamental instrument in Swiss commercial and civil law, used to formalize monetary obligations between parties. It serves as a legally binding commitment where one party promises to pay a specified sum to another, either at a fixed future date or on demand. This document type is particularly useful in business transactions, loans, real estate dealings, and other commercial arrangements where a formal acknowledgment of debt is required. Under Swiss law, the agreement must conform to the requirements set forth in the Swiss Code of Obligations, particularly Articles 984-996 which govern promissory notes. The document typically includes essential elements such as the unconditional promise to pay, the specified amount, payment terms, and the identities of both the promisor and promisee. It can be used as evidence in debt collection proceedings and provides the promisee with certain legal advantages in terms of enforcement.
Suggested Sections

1. Parties: Identification of the promisor (debtor) and promisee (creditor) with full legal names and addresses

2. Background: Brief context of the underlying transaction or reason for the promissory agreement

3. Definitions: Key terms used in the agreement, including payment-related terms and dates

4. Promise to Pay: Unconditional promise to pay a specific sum, including the currency and amount in both numbers and words

5. Payment Terms: Detailed payment schedule, interest rate, and payment method

6. Place of Payment: Specified location or account where payment must be made

7. Default and Acceleration: Consequences of default and circumstances under which the full amount becomes immediately due

8. Notices: How and where formal communications between parties must be made

9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

10. Signature Block: Formal execution section with date and signatures

Optional Sections

1. Security Interest: Details of any collateral or security provided for the promise to pay

2. Guarantor Provisions: Terms applying to any guarantor of the promise, if applicable

3. Prepayment Terms: Conditions and calculations for early repayment if permitted

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

5. Tax Provisions: Allocation of responsibility for any applicable taxes or stamp duties

6. Force Majeure: Provisions for unforeseen circumstances affecting payment ability

7. Representations and Warranties: Additional promises about the promisor's capacity and authority

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment dates and amounts if installment payments are involved

2. Security Documentation: Details of any pledged assets or collateral securing the promise

3. Calculation of Interest: Formula and examples of interest calculations if complex interest terms apply

4. Form of Notice: Template for required notices under the 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

Banking and Financial Services

Real Estate

Commercial Trading

Manufacturing

Professional Services

Construction

Retail

Agriculture

Technology

Healthcare

Education

Small Business

Relevant Teams

Legal

Finance

Treasury

Credit Control

Compliance

Risk Management

Commercial Operations

Corporate Secretariat

Business Development

Accounts

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Contract Manager

Credit Manager

Financial Controller

Accounts Receivable Manager

Risk Manager

Company Secretary

Business Development Manager

Managing Director

Commercial Director

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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