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Simple Shareholder Loan Agreement for Switzerland

Simple Shareholder Loan Agreement Template for Switzerland

A Swiss-law governed shareholder loan agreement that documents the terms and conditions of a loan provided by a shareholder to their company. This agreement sets out the key commercial terms including loan amount, interest rate, repayment terms, and basic representations and warranties, while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. The document is designed to be straightforward while incorporating necessary provisions for legal certainty and enforcement, including consideration of Swiss thin capitalization rules and arm's length principles for interest rates.

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What is a Simple Shareholder Loan Agreement?

The Simple Shareholder Loan Agreement is commonly used in Switzerland when a shareholder provides debt financing to their company as an alternative or complement to equity financing. This document type is particularly relevant for small to medium-sized enterprises seeking additional funding from existing shareholders, or in situations where rapid deployment of capital is needed. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and relevant tax regulations regarding thin capitalization and arm's length interest rates. The document includes essential terms such as loan amount, interest rate, repayment schedule, and basic protections for both parties, while maintaining a straightforward structure suitable for routine shareholder financing transactions.

What sections should be included in a Simple Shareholder Loan Agreement?

1. Parties: Identification of the Lender (Shareholder) and Borrower (Company), including full legal names, addresses, and registration details

2. Background: Brief context of the shareholder relationship and purpose of the loan

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Disbursement: Specification of the loan amount, currency, and disbursement details

5. Interest: Interest rate, calculation method, and payment frequency, ensuring compliance with Swiss arm's length principles

6. Repayment Terms: Repayment schedule, method of payment, and any early repayment provisions

7. Representations and Warranties: Basic statements about the company's status and authority to enter into the agreement

8. Events of Default: Circumstances constituting default and consequences

9. Notices: How formal communications between parties should be made

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

11. Signatures: Execution blocks for both parties

What sections are optional to include in a Simple Shareholder Loan Agreement?

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

2. Subordination: Provisions regarding ranking of the loan relative to other company debt - include if required by other lenders or for structural reasons

3. Tax Gross-up: Provisions for handling withholding tax - include if cross-border elements exist

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

5. Costs and Expenses: Allocation of transaction costs - include if significant costs are anticipated

6. Information Rights: Additional reporting requirements - include if lender requires specific financial information beyond statutory rights

What schedules should be included in a Simple Shareholder Loan Agreement?

1. Drawdown Notice: Form of notice for requesting loan disbursement

2. Repayment Schedule: If installment repayments, detailed schedule of payment dates and amounts

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

4. Shareholders' Resolution: If required under articles, copy of shareholders' approval of the loan

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions





















Clauses




















Relevant Industries

Technology

Manufacturing

Real Estate

Retail

Professional Services

Healthcare

Financial Services

Construction

Energy

Agriculture

Entertainment

Hospitality

Transportation

Education

Relevant Teams

Legal

Finance

Treasury

Corporate Secretariat

Compliance

Tax

Corporate Development

Board of Directors

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Finance Director

Company Secretary

General Counsel

Legal Counsel

Corporate Lawyer

Finance Manager

Treasury Manager

Board Member

Managing Director

Financial Controller

Corporate Secretary

Compliance Officer

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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