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Promissory Note Between Family Members
1. Parties: Identification of the lender and borrower, including full legal names, addresses, and civil registration numbers (CPR numbers)
2. Background: Brief context of the family relationship and purpose of the loan
3. Definitions: Key terms used in the document including 'Principal Amount', 'Interest Rate', 'Maturity Date', etc.
4. Loan Amount and Terms: Specification of the principal amount, currency, and date of disbursement
5. Interest Rate: Clear statement of the interest rate, ensuring compliance with Danish minimum interest rate requirements for family loans
6. Repayment Terms: Schedule of repayments, including payment amounts, frequency, and method of payment
7. Default Provisions: Consequences of missed payments and default interest rates in accordance with Danish law
8. Representations: Basic statements confirming the borrower's ability to repay and the lender's authority to make the loan
9. Signatures: Execution section with date and signatures of both parties
1. Early Repayment: Terms for early loan repayment, including any applicable penalties or benefits - relevant when flexibility in repayment is desired
2. Collateral: Description of any assets securing the loan - include when additional security is required
3. Tax Implications: Acknowledgment of potential gift tax implications and reporting requirements - important for large loans or those with below-market interest rates
4. Death or Incapacity: Provisions for handling the loan in case of death or incapacity of either party - relevant for elderly family members or long-term loans
5. Dispute Resolution: Specific procedures for resolving disagreements - useful for larger loan amounts
6. Assignment: Restrictions on transferring the loan to other parties - relevant when the personal relationship is crucial to the loan terms
1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations
2. Interest Rate Calculation: Documentation showing compliance with Danish minimum interest rate requirements
3. Collateral Documentation: Details and proof of any assets used as security for the loan
4. Tax Authority Guidelines: Reference copy of relevant Danish tax authority guidelines regarding family loans
Authors
Interest Rate Provisions
Repayment Terms
Default and Remedies
Tax Compliance
Gift Tax Acknowledgment
Representations and Warranties
Payment Mechanics
Early Repayment
Events of Default
Notice Requirements
Governing Law
Assignment and Transfer
Severability
Amendment and Modification
Entire Agreement
Dispute Resolution
Force Majeure
Succession
Death or Incapacity
Record Keeping
Witness Requirements
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