This template provides a loan agreement (Darlehensvertrag; contrat de prêt) under Swiss law.
If you purchase this template, you will have access for 90 days and create as many documents as you like.
This template can be used in any context in which one party grants a loan to another party and is drafted in a way that either legal persons or natural persons can be party to the agreement. The user may specify the amount and the currency of the loan and may choose between different options with regard to the interest, payment of the loan and of the interest, term of the loan, repayment of the loan etc.
The template also takes into account that loans between companies and their shareholders or related third parties require special tax consideration as such loans may constitute benefits in kind from a tax perspective. The Swiss Federal Tax Administration has issued circulars in which it has defined the minimum and maximum interest rates which are recognized for tax purposes. The questionnaire refers to such circulars and contains further information in this respect. In any case, however, it is highly advisable to obtain tax advice prior to executing a loan agreement.
The following items may be individually configured:
- Details of the parties.
- Details regarding the loan (i.e. amount, currency, payment etc.).
- Details regarding the interest (i.e. interest rate, interest period, payment, compound interest etc.).
- Term of the loan.
- Early repayment options.
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