Private loan agreement between individuals (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
A loan agreement under Austrian law for money lent between private individuals — family, friends or acquaintances. It records the amount, payment by bank transfer, interest or an interest-free loan, repayment in one sum, in instalments or after one month's notice (§ 986 of the Austrian Civil Code, ABGB), default interest at 4% (§ 1000 ABGB) and acceleration on default. No set form and no stamp duty since 2011. Between spouses or registered partners a notarial deed is required (§ 1 Abs 1 lit b NotAktsG), and the agreement asks about it. A guarantee is a separate declaration. Private lenders only. In German, to print and sign.
What you fill in
The details the document asks for.
- Lender
- Lender's academic degree (if any)
- Lender's date of birth
- Lender's address
- Borrower
- Borrower's academic degree (if any)
- Borrower's date of birth
- Borrower's address
- Amount
- Amount in words
- Date the loan is paid out
- Borrower's bank account (IBAN)
- Annual interest rate (0% if the loan is interest-free)
- How the loan is repaid
- Repayment date
- Number of instalments
- Amount of each monthly instalment
- Due date of the first instalment
- Lender's bank account
- Days in default
- Security for the loan (if none: none)
- Are the parties married to each other or registered partners?
- Additional terms
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Does a private loan in Austria need a set form, a notary or stamp duty?
- As a rule, no. A loan agreement is bound to no form (§§ 983 ff ABGB), and no stamp duty is charged on loan agreements made from 01.01.2011; a guarantee given as security is exempt too (§ 20 Z 5 GebG). The exception: between spouses, and between registered partners, a loan agreement is valid only as a notarial deed (Notariatsakt, § 1 Abs 1 lit b NotAktsG, § 43 EPG). The written agreement is there for proof — so pay the money out by bank transfer.
- When must a private loan in Austria be repaid if no date was agreed?
- Then the agreement runs for an indefinite term, and either party may end it on one month's notice (§ 986 ABGB). Notice takes effect only when it reaches the other side: hand it over against a dated signature on a copy, or send it by registered post. A repayment date or an instalment plan in the agreement is clearer; if an instalment stays unpaid longer than agreed and the arrears are not settled within two weeks of a written reminder, the whole balance falls due.
- What applies in Austria to a loan between spouses or with a guarantor?
- Between spouses — and equally between registered partners (§ 43 EPG) — a loan agreement is valid only as a notarial deed (§ 1 Abs 1 lit b NotAktsG), so the agreement asks about it and then serves as the basis for the notary. Anyone guaranteeing the loan other than as a business must undertake in writing (§ 1346 Abs 2 ABGB), and an electronic signature counts only with a notary's or lawyer's confirmation (§ 4 Abs 2 SVG). The separate guarantee declaration, signed by hand, is there for that.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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