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Repayment Plan Agreement

Repayment Plan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Repayment Plan Agreement

"I need a Repayment Plan Agreement under Swiss law for a CHF 500,000 business loan between two tech companies, with monthly instalments starting March 2025 and including provisions for early repayment and security over intellectual property."

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Document background
The Repayment Plan Agreement is essential in situations where a debtor needs to establish a formal, structured approach to settling an outstanding debt. This document is commonly used in Switzerland when parties wish to avoid formal debt enforcement proceedings by mutually agreeing on manageable repayment terms. It's particularly relevant in cases of business loans, commercial debts, or significant personal obligations where the original payment terms need modification. The agreement must comply with Swiss law, particularly the Code of Obligations and debt enforcement regulations. It typically includes detailed payment schedules, interest calculations, and specific provisions for default scenarios. This document serves both as a commitment to repay and as a potential enforcement tool if the debtor fails to meet the agreed terms.
Suggested Sections

1. Parties: Identification and details of the creditor and debtor

2. Background: Context of the original debt and circumstances leading to the repayment plan

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Debt: Formal acknowledgment of the total amount owed, including any interest accrued

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

6. Interest Rate: Specification of any interest rates applicable to the outstanding amount

7. Payment Method: Specified means of payment and banking details

8. Default Provisions: Consequences of missing payments or breaching the agreement

9. Representations and Warranties: Statements of fact by the debtor regarding their ability to pay

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

11. Signatures: Execution block for all parties

Optional Sections

1. Security: Details of any collateral or security provided for the debt

2. Guarantor Provisions: Include when a third party is guaranteeing the repayment

3. Early Repayment: Terms for early repayment if permitted

4. Insurance Requirements: Any required insurance to secure the debt

5. Debt Restructuring Terms: Include if the repayment plan involves debt restructuring

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

7. Confidentiality: Include if parties wish to keep the arrangement private

8. Tax Implications: Include when there are significant tax consequences to address

Suggested Schedules

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

2. Original Debt Documentation: Copies of original agreements or invoices establishing the debt

3. Security Documentation: Details and documentation of any security or collateral

4. Bank Account Details: Payment account information for both parties

5. Financial Statement: Current financial position of the debtor if relevant

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 Industries

Banking & Financial Services

Real Estate

Commercial Lending

Retail

Manufacturing

Professional Services

Construction

Healthcare

Education

Small Business

Consumer Services

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Treasury

Compliance

Corporate Advisory

Debt Recovery

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Collections Manager

Legal Counsel

Debt Recovery Specialist

Account Manager

Risk Manager

Treasury Manager

Financial Controller

Compliance Officer

Credit Analyst

Corporate Lawyer

Debt Restructuring Advisor

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 1-40 (formation of contracts), Articles 68-96 (performance of obligations), and Articles 312-314 (loans)
Swiss Federal Act on Debt Enforcement and Bankruptcy (SchKG): Governs the enforcement of monetary claims and bankruptcy proceedings, relevant in case of default on the repayment plan
Swiss Consumer Credit Act (KKG): Applicable if the repayment plan involves a consumer credit arrangement, containing mandatory provisions about interest rates and consumer protection
Swiss Civil Code (ZGB): Contains general principles of law and good faith (Article 2) that apply to all private law relationships
Swiss Federal Act on Unfair Competition (UWG): Relevant for ensuring fair contract terms, particularly if one party is a consumer or in a weaker bargaining position
Swiss Banking Act (BankG): May be relevant if the repayment plan involves a banking institution, particularly regarding interest rates and banking regulations
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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