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Debt Transfer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Debt Transfer Agreement

"I need a Swiss law Debt Transfer Agreement for transferring a corporate loan of CHF 2 million from ABC Bank AG to XYZ Investment Ltd, with completion planned for March 15, 2025."

Document background
A Debt Transfer Agreement is utilized when one party (the Original Creditor) wishes to transfer its rights as a creditor to another party (the New Creditor) under Swiss law. This document is essential in debt restructuring, portfolio sales, or corporate reorganizations. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations, and typically includes detailed information about the debt being transferred, payment terms, warranties, and any security arrangements. The Debt Transfer Agreement should be used whenever there is a need to formally document the transfer of debt obligations while ensuring all parties' rights are protected and regulatory requirements are met. It's particularly important in maintaining clear documentation for accounting, tax, and legal purposes.
Suggested Sections

1. Parties: Identification of all parties: Original Creditor, New Creditor, and Debtor

2. Background: Context of the existing debt relationship and reasons for the transfer

3. Definitions: Definitions of key terms used throughout the agreement

4. Subject Matter of Transfer: Detailed description of the debt being transferred, including amount, origin, and any specific characteristics

5. Transfer Provisions: Core provisions regarding the transfer of the debt, including effective date and conditions precedent

6. Purchase Price and Payment: Terms of payment between Original Creditor and New Creditor for the debt transfer

7. Representations and Warranties: Statements of fact and guarantees by the parties regarding the debt and their capacity to enter into the agreement

8. Rights and Obligations: Specification of the rights and obligations of all parties post-transfer

9. Notices: Communication requirements and contact details for all parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Security and Guarantees: Include when the debt is secured by collateral or third-party guarantees that need to be transferred

2. Regulatory Compliance: Include when the transfer involves regulated entities or requires regulatory approvals

3. Tax Provisions: Include when there are specific tax implications that need to be addressed

4. Confidentiality: Include when parties wish to keep the transfer confidential

5. Further Assurance: Include when additional actions may be required post-completion to perfect the transfer

6. Step-In Rights: Include when the New Creditor needs specific rights to step into existing arrangements

7. Costs and Expenses: Include when there's a need to specify how transfer-related costs will be allocated

Suggested Schedules

1. Schedule 1 - Debt Details: Detailed description of the debt being transferred, including payment history and current status

2. Schedule 2 - Security Documents: List and copies of any security documents related to the debt

3. Schedule 3 - Existing Agreements: Copies of the original loan agreement and any amendments

4. Schedule 4 - Transfer Documents: Forms and notices required to effect the transfer

5. Schedule 5 - Payment Details: Bank account and payment instruction details for all parties

6. Appendix A - Completion Checklist: List of actions and documents required for completion of the transfer

7. Appendix B - Form of Notice to Debtor: Template for formal notification to the Debtor of the transfer

Authors

Alex Denne

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

Relevant legal definitions

































Clauses






























Relevant Industries

Banking and Financial Services

Investment Management

Corporate Finance

Real Estate

Manufacturing

Construction

Professional Services

Healthcare

Technology

Retail

Energy

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Development

Credit Control

Debt Collection

Portfolio Management

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Financial Controller

Credit Manager

Treasury Manager

Risk Manager

Debt Collection Manager

Portfolio Manager

Investment Manager

Compliance Officer

Company Secretary

Account Manager

Business Development 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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