Loan Agreement
In a Loan Agreement, the borrower and the lender lay down the general conditions for the loan. Among other things, the loan amount, term, instalment, repayment method and charges in the event of late payment are specified here.
In addition, the rights and obligations of the borrower and the lender are laid down. With the contract, the lender undertakes to pay out the agreed amount. The borrower, for his part, undertakes to repay the amount plus interest within the agreed time.
Whether it is a personal loan or a corporate loan is irrelevant. For all types of loans, a loan agreement should be concluded between the parties.
When personal loans are granted commercially, the Swiss Federal Consumer Credit Act (KKG) applies, which, among other things, guarantees a right of withdrawal from the contract.
Form of the contract
There is no prescribed form for a loan agreement, but some points should be set out in writing so that the essential elements of the loan can be evidenced:
Borrower and lender
Loan amount
Contract period and date of disbursement
Purpose of use (common for large sums and business loans)
Residual debt insurance, if applicable
Terms of repayment (repayment method)
Collateral, if applicable
Possibility of termination and, if applicable, revocation