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Loan Agreement Shareholder To Company Template for Switzerland

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Key Requirements PROMPT example:

Loan Agreement Shareholder To Company

"I need a Swiss law Loan Agreement Shareholder To Company for a CHF 2 million unsecured loan to fund working capital, with quarterly interest payments at 3% per annum and full repayment by March 2025."

Document background
The Loan Agreement Shareholder To Company is a crucial document used when a shareholder provides debt financing to their company under Swiss law. This arrangement is common when companies need additional funding but prefer not to dilute ownership or seek external financing. The agreement must comply with Swiss corporate law requirements, particularly regarding capital maintenance rules and thin capitalization. It details essential terms including loan amount, interest rate (which must be at arm's length), repayment schedule, and any security arrangements. The document becomes especially important for tax purposes and in potential insolvency scenarios, where proper documentation of the shareholder loan is crucial for establishing creditor rights. This agreement type is particularly relevant in the Swiss context due to specific regulatory requirements and the country's strict corporate governance standards.
Suggested Sections

1. Parties: Identification of the Lender (Shareholder) and Borrower (Company) with full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds

5. Interest: Interest rate, calculation method, and payment schedule

6. Drawdown: Conditions and process for disbursement of the loan

7. Repayment: Terms of repayment, including schedule, prepayment rights, and final maturity

8. Representations and Warranties: Standard confirmations from both parties regarding their capacity and authority

9. Information Rights: Borrower's obligations to provide financial and other information to the Lender

10. Events of Default: Circumstances that trigger default and consequences

11. Taxes: Treatment of taxes and withholding requirements

12. Notices: Process for formal communications between parties

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

14. Miscellaneous: Standard boilerplate provisions including severability, whole agreement, and amendments

Optional Sections

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

2. Subordination: Terms of subordination to other debt - include if required by other lenders

3. Conversion Rights: Rights to convert loan to equity - include if convertible feature is desired

4. Board Observer Rights: Rights of lender to observe board meetings - include for significant loans

5. Financial Covenants: Specific financial metrics to be maintained - include for larger loans

6. Assignment and Transfer: Rights to transfer the loan - include if transferability is desired

7. Currency Conversion: Include if loan is in foreign currency or multiple currencies

8. Parent Company Guarantee: Include if additional group company guarantee is required

Suggested Schedules

1. Repayment Schedule: Detailed amortization table if repayment is in installments

2. Form of Drawdown Notice: Standard form for requesting loan disbursement

3. Calculation of Interest: Detailed methodology for interest calculation if complex

4. Corporate Authorizations: Copies of relevant board and shareholder resolutions

5. Security Documents: If applicable, forms of security agreements or pledges

6. Conditions Precedent Documents: List of required documents prior to drawdown

7. Form of Compliance Certificate: Template for periodic compliance reporting if required

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

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Relevant Industries

Financial Services

Technology

Manufacturing

Real Estate

Healthcare

Retail

Energy

Construction

Professional Services

Transportation

Hospitality

Agriculture

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Governance

Risk Management

Corporate Development

Board Secretariat

Shareholder Relations

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Treasurer

General Counsel

Legal Counsel

Company Secretary

Tax Director

Financial Controller

Chief Executive Officer

Board Member

Corporate Finance Manager

Investment Manager

Compliance Officer

Risk Manager

Shareholder Relations 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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