Money Lending Contract Template for Germany

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Key Requirements PROMPT example:

Money Lending Contract

"I need a Money Lending Contract under German law for a €500,000 secured corporate loan to be made by ABC Bank GmbH to XYZ Manufacturing GmbH, with the borrower's manufacturing equipment serving as collateral and a maturity date of March 15, 2025."

Document background

The Money Lending Contract is a fundamental financial instrument used in Germany to formalize lending arrangements between parties. This document is essential when any party (whether a financial institution or private individual) provides a loan to another party under German law. It must comply with the German Civil Code (BGB), particularly §§ 488-507, which govern loan agreements, and when applicable, with the German Banking Act (KWG). The agreement is used across various scenarios, from simple personal loans to complex corporate financing, and can be adapted to include security arrangements, guarantees, and specific terms based on the nature of the lending relationship. The document provides legal protection for both lender and borrower by clearly defining their rights, obligations, and remedies under German law.

Suggested Sections

1. Parties: Identification and details of the lender and borrower, including full legal names, addresses, and registration details if applicable

2. Background: Context of the loan agreement and brief description of the parties' intention to enter into a lending arrangement

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, whether fixed or variable, calculation method, and payment frequency

6. Term and Repayment: Duration of the loan, repayment schedule, and payment mechanisms

7. Disbursement Conditions: Conditions that must be met before the loan amount is disbursed

8. Default and Consequences: Definition of events of default and their consequences, including acceleration rights

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Borrower's Covenants: Ongoing obligations and restrictions on the borrower during the loan term

11. Notices: Process and requirements for formal communications between parties

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

13. Execution: Signature blocks and execution requirements

Optional Sections

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

2. Guarantees: Terms of any third-party guarantees - include when there are guarantors

3. Insurance Requirements: Mandatory insurance coverage for secured assets - include for secured loans

4. Prepayment Terms: Conditions and penalties for early repayment - include when early repayment is permitted

5. Assignment and Transfer: Rights to assign or transfer the loan - include for transferable loans

6. Multiple Borrowers: Joint and several liability provisions - include when there are multiple borrowers

7. Consumer Protection Clauses: Mandatory consumer protection provisions - include for consumer loans

8. Tax Provisions: Tax-related obligations and withholding requirements - include when tax implications are significant

Suggested Schedules

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

2. Collateral Description: Detailed description of any assets provided as security

3. Conditions Precedent Checklist: List of documents and conditions required before loan disbursement

4. Form of Drawdown Notice: Template for requesting disbursement of the loan

5. Know Your Customer Requirements: List of required identification and verification documents

6. Interest Rate Calculation Examples: Examples demonstrating how interest is calculated, especially for variable rates

7. Fee Schedule: Detailed breakdown of all applicable fees and charges

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Construction

Agriculture

Professional Services

Education

Hospitality

Transportation and Logistics

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit Administration

Banking Operations

Commercial Banking

Corporate Finance

Business Development

Account Management

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Loan Officer

Compliance Officer

Risk Manager

Treasury Manager

Corporate Banker

Financial Controller

Business Development Manager

Account Manager

Chief Financial Officer

Legal Director

Banking Operations Manager

Credit Analyst

Commercial Director

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Authors

Alex Denne

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