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Directors Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Directors Loan Agreement

"I need a Directors Loan Agreement for our Swiss manufacturing company to lend CHF 500,000 to our executive director for personal housing purposes, with monthly repayments over 5 years starting March 2025 and secured against the director's shares in the company."

Document background
A Directors Loan Agreement is essential when establishing formal lending arrangements between a company and its directors under Swiss law. This document becomes necessary either when a director is borrowing money from the company or lending money to it, ensuring compliance with Swiss corporate governance requirements and the Swiss Code of Obligations. The agreement helps prevent disputes by clearly documenting the loan terms, protects both parties' interests, and satisfies regulatory requirements for related-party transactions. It's particularly important for maintaining transparency, meeting tax compliance obligations, and establishing clear repayment terms. The document typically includes detailed provisions about interest rates, repayment schedules, security arrangements if any, and default consequences, all while ensuring alignment with Swiss banking and financial regulations.
Suggested Sections

1. Parties: Identification of the company and the director entering into the loan agreement

2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan

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

4. Loan Amount and Purpose: Specification of the loan amount and detailed description of its intended use

5. Interest Rate: Details of the applicable interest rate, calculation method, and payment frequency

6. Repayment Terms: Schedule and method of loan repayment, including any early repayment provisions

7. Drawdown Conditions: Conditions that must be met before the loan can be drawn

8. Representations and Warranties: Standard declarations by both parties about their capacity and authority

9. Tax Provisions: Treatment of taxes and responsibilities for tax payments

10. Events of Default: Circumstances that constitute default and consequences thereof

11. Termination: Conditions and process for terminating the agreement

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Security Arrangements: Details of any collateral or security provided for the loan - include if the loan is secured

2. Personal Guarantee: Terms of any personal guarantee provided - include if additional security is required

3. Insurance Requirements: Mandatory insurance coverage for security - include if loan is secured by specific assets

4. Board Approval: Documentation of board approval process - include for larger loan amounts or listed companies

5. Subordination Provisions: Terms of subordination to other company debts - include if required by other creditors

6. Change of Control: Provisions dealing with change in company ownership - include for longer-term loans

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Security Details: Detailed description of any security or collateral provided

3. Board Resolution: Copy of board resolution approving the loan

4. Purpose Declaration: Detailed declaration of loan purpose for tax compliance

5. Related Party Transaction Documentation: Documentation proving arms-length nature of transaction

6. Tax Calculation Schedule: Schedule showing tax implications and calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses



























Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Professional Services

Retail

Healthcare

Construction

Hospitality

Energy

Transportation

Media and Entertainment

Education

Relevant Teams

Legal

Finance

Corporate Secretariat

Compliance

Tax

Treasury

Risk Management

Corporate Governance

Board Secretariat

Relevant Roles

Director

Chief Executive Officer

Chief Financial Officer

Company Secretary

General Counsel

Legal Counsel

Corporate Lawyer

Financial Controller

Board Member

Compliance Officer

Tax Director

Corporate Governance Officer

Risk Manager

Treasury Manager

Industries







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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