The Loan Declaration Form (Kreditvertragserklärung) is a fundamental document in German lending practices, used to formalize and document loan agreements between financial institutions and borrowers. This document is required whenever a loan is extended under German law, whether for personal, commercial, or corporate purposes. It must comply with the German Civil Code (BGB), particularly sections 488-507, the Banking Act (KWG), and various consumer protection regulations. The form includes essential information such as loan amount, interest rates, repayment terms, and borrower details, while also incorporating mandatory disclosures and GDPR-compliant data protection declarations. It serves both as a legal record of the loan agreement and as a basis for any future enforcement actions. The document is particularly critical for maintaining regulatory compliance and establishing clear rights and obligations of all parties involved in the lending transaction.
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1. Loan Declaration Header: Document title, date, and reference number
2. Lender Details: Complete information about the lending institution including name, address, registration details, and regulatory authorizations
3. Borrower Information: Complete identification of the borrower(s) including full name, address, date of birth, and identification details as required by GwG
4. Loan Details: Essential loan terms including principal amount, purpose, interest rate (nominal and effective annual rate), term of the loan, and total amount payable
5. Repayment Terms: Payment schedule, installment amounts, payment methods, and due dates
6. Interest Calculation: Detailed explanation of interest calculation method and periods
7. Costs and Fees: Breakdown of all associated costs, processing fees, and other charges
8. Default Provisions: Consequences of late payment or default, including default interest rates and procedures
9. Data Protection Declaration: GDPR-compliant statement about the processing of personal data
10. Signature Section: Space for signatures, date, and place of signing
1. Collateral Details: Required when the loan is secured by specific assets or guarantees
2. Co-Borrower Information: Include when there are multiple borrowers or guarantors
3. Special Repayment Rights: Terms for early repayment options if offered
4. Insurance Requirements: Include when specific insurance policies are required as part of the loan agreement
5. Right of Withdrawal Notice: Mandatory for consumer loans but optional for business loans
1. Repayment Schedule: Detailed amortization table showing all payments, interest, and principal portions
2. Fee Schedule: Detailed breakdown of all applicable fees and charges
3. SCHUFA Declaration: Authorization for credit bureau inquiries and reporting
4. Identification Documentation: Copies of identification documents as required by anti-money laundering regulations
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Healthcare
Education
Technology
Agriculture
Transportation
Professional Services
Relevant Teams
Legal
Compliance
Credit Risk
Corporate Banking
Retail Banking
Documentation
Finance
Treasury
Operations
Customer Service
Underwriting
Relevant Roles
Loan Officer
Credit Manager
Banking Compliance Officer
Legal Counsel
Finance Director
Credit Risk Analyst
Corporate Banking Manager
Retail Banking Manager
Documentation Specialist
Financial Controller
Treasury Manager
Chief Financial Officer
Branch Manager
Relationship Manager
Underwriting Manager
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