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IOU Agreement
I need an IOU agreement for a personal loan of 鈧5,000, to be repaid in monthly installments over a period of 12 months, with an interest rate of 3% per annum. The agreement should include a clause for late payment penalties and specify the lender's right to demand full repayment if the borrower defaults on two consecutive payments.
What is an IOU Agreement?
An IOU Agreement ("I Owe You") is a simple written promise to repay money between two parties in Austria. It serves as a basic debt instrument, documenting the amount borrowed, repayment terms, and the identities of both the borrower and lender.
Under Austrian civil law (ABGB), while IOUs are legally binding, they offer less protection than formal loan contracts. Smart borrowers and lenders typically use them for smaller personal loans or short-term business arrangements where trust exists between parties. For amounts over 鈧50,000 or complex repayment terms, Austrian lawyers recommend using standardized loan agreements instead.
When should you use an IOU Agreement?
An IOU Agreement works best for small, straightforward lending situations in Austria where trust exists between parties. Common scenarios include short-term loans between family members, friends lending money for emergency expenses, or small business owners borrowing from acquaintances to cover temporary cash flow gaps.
This informal document proves especially useful when the loan amount stays under 鈧5,000 and both parties want to avoid the complexity of formal contracts. Austrian law recognizes IOUs as binding, but for larger amounts or business relationships requiring more protection, a formal loan agreement through a lawyer provides better security and clearer enforcement options.
What are the different types of IOU Agreement?
- Basic Written IOU: Most common form, containing just the borrowed amount, date, and signatures - suitable for personal loans under 鈧1,000
- Detailed Payment Schedule IOU: Includes specific repayment dates and installment amounts - ideal for structured repayments over time
- Collateralized IOU: Lists specific assets as security for the loan - typically used for larger personal loans
- Interest-Bearing IOU: Specifies an interest rate and calculation method - common in informal business lending
- Multi-Party IOU: Involves multiple lenders or borrowers with defined obligations - useful for group borrowing situations
Who should typically use an IOU Agreement?
- Private Lenders: Family members, friends, or acquaintances who provide personal loans and need basic documentation of the debt
- Small Business Owners: Entrepreneurs seeking short-term informal financing from personal networks
- Private Borrowers: Individuals needing quick access to small amounts of money through informal channels
- Legal Advisors: Lawyers who review or help draft IOUs to ensure basic compliance with Austrian civil law
- Financial Advisors: Professionals who guide clients on documenting informal lending arrangements properly
How do you write an IOU Agreement?
- Basic Details: Gather full legal names, addresses, and contact information for both lender and borrower
- Loan Specifics: Document the exact amount borrowed, loan date, and currency (preferably in Euro)
- Payment Terms: Define repayment schedule, including due dates and installment amounts if applicable
- Interest Rate: Decide and clearly state any interest charges, ensuring compliance with Austrian usury laws
- Signatures: Prepare for both parties to sign, date, and retain copies of the agreement
- Witness Details: Consider having a neutral third party witness the signing for added security
What should be included in an IOU Agreement?
- Identification Details: Full legal names and addresses of both lender and borrower
- Loan Amount: Precise sum in Euro, written in both numbers and words to avoid confusion
- Payment Terms: Clear repayment schedule, including final due date and any installment arrangements
- Interest Statement: Any interest rate agreed upon, calculation method, and total amount to be repaid
- Default Provisions: Consequences of late or missed payments under Austrian civil law
- Signatures Section: Space for dated signatures of both parties, with optional witness attestation
- Governing Law: Statement confirming Austrian law applies to the agreement
What's the difference between an IOU Agreement and a Credit Agreement?
The main difference between an IOU Agreement and a Credit Agreement lies in their formality and legal sophistication. While both document lending arrangements, they serve distinct purposes in Austrian financial transactions.
- Legal Complexity: IOUs are simple promissory notes, while Credit Agreements contain detailed terms, conditions, and protective clauses
- Usage Context: IOUs suit informal, personal lending between trusted parties; Credit Agreements are standard for banks, financial institutions, and formal business loans
- Enforcement Power: Credit Agreements offer stronger legal protection and clearer enforcement mechanisms under Austrian banking laws
- Documentation Requirements: IOUs need minimal information; Credit Agreements require comprehensive financial disclosures, security details, and risk assessments
- Cost and Preparation: IOUs can be handwritten at no cost; Credit Agreements typically need professional drafting and incur legal fees
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