Consumer Credit Agreement Template for Denmark

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Consumer Credit Agreement

Document background
This Consumer Credit Agreement template is designed for use by financial institutions and credit providers operating in Denmark when extending credit to individual consumers. The document ensures compliance with the Danish Credit Agreements Act (Kreditaftaleloven), which implements the EU Consumer Credit Directive, and other relevant Danish financial regulations. It includes mandatory consumer protection provisions, detailed disclosure requirements, and standardized European consumer credit information. The agreement is suitable for various types of consumer credit products, from personal loans to credit facilities, and incorporates all necessary elements required by Danish law, including clear information about interest rates, fees, repayment terms, and consumer rights. It has been structured to meet the strict requirements of Danish financial supervisory authorities while maintaining clarity and transparency for consumers.
Suggested Sections

1. Parties: Identification of the credit provider and the consumer, including full legal names, addresses, and registration details

2. Background: Brief context of the credit agreement and its purpose

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

4. Credit Amount and Purpose: Details of the credit amount, purpose of the credit, and any conditions for drawdown

5. Interest Rate and Charges: Specification of interest rate (APR), how it's calculated, and all applicable fees and charges

6. Repayment Terms: Payment schedule, amount of installments, and total amount payable

7. Duration and Termination: Term of the agreement and conditions for termination

8. Right of Withdrawal: 14-day cooling-off period and withdrawal procedures as per Danish law

9. Early Repayment: Consumer's right to early repayment and any associated conditions

10. Default and Consequences: What constitutes default and its consequences, including default interest

11. Personal Data Processing: How personal data will be processed in accordance with GDPR

12. Complaints and Dispute Resolution: Procedure for handling complaints and resolving disputes

13. Governing Law: Confirmation that Danish law governs the agreement

14. Signatures: Execution block for both parties

Optional Sections

1. Security: Include when the credit is secured by collateral or guarantees

2. Insurance Requirements: Include when insurance is required as part of the credit agreement

3. Credit Card Terms: Include for credit card agreements with specific card-related terms

4. Variable Interest Rate Provisions: Include when the interest rate is variable rather than fixed

5. Direct Debit Authorization: Include when automatic payment through direct debit is offered

6. Special Drawdown Conditions: Include for credit facilities with specific drawdown requirements

7. Joint Borrowers: Include when there are multiple borrowers

8. Marketing Consent: Include when seeking consent for marketing communications

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed amortization table showing all payments, interest, and principal

2. Schedule 2 - Fee Schedule: Comprehensive list of all fees and charges applicable to the credit

3. Schedule 3 - Standard European Consumer Credit Information: Standardized EU information sheet as required by law

4. Appendix A - Interest Rate Calculation Method: Detailed explanation of how interest is calculated

5. Appendix B - Terms and Conditions: General terms and conditions referenced in the main agreement

6. Appendix C - Privacy Notice: Detailed information about personal data processing

7. Appendix D - Complaint Handling Procedures: Detailed procedures for filing and handling complaints

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Credit Agreements Act (Kreditaftaleloven): The primary legislation governing consumer credit agreements in Denmark, implementing EU Directive 2008/48/EC on consumer credit agreements. It covers mandatory information requirements, right of withdrawal, early repayment rights, and credit assessment obligations.
Danish Financial Business Act (Lov om finansiel virksomhed): Regulates financial institutions and their activities, including requirements for credit providers, licensing, and supervision requirements.
Danish Contracts Act (Aftaleloven): Provides the fundamental rules for contract formation, validity, and interpretation in Danish law, including provisions on unfair contract terms.
Danish Marketing Practices Act (Markedsføringsloven): Contains rules on marketing of credit products, including requirements for information disclosure and fair marketing practices in relation to consumer credit.
Danish Payment Services Act (Betalingsloven): Regulates payment services and contains provisions relevant to payment aspects of credit agreements, implementing the EU Payment Services Directive.
Danish Consumer Protection Act (Forbrugeraftaleloven): Provides general consumer protection rules, including requirements for information, cooling-off periods, and protection against unfair terms and practices.
Danish Money Laundering Act (Hvidvaskloven): Contains requirements for customer due diligence and verification procedures that must be followed when entering into credit agreements.
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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