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.
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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
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
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
Relevant legal definitions
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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
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