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1. Parties: Identification of the contracting parties - typically the loan servicer and the principal (lender/loan owner)
2. Background: Context of the agreement, including the nature of the loan portfolio and the principal's need for servicing
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Appointment and Scope of Services: Formal appointment of the servicer and detailed description of core services to be provided
5. Standard of Care: Required level of skill, care, and diligence in performing services
6. Regulatory Compliance: Obligations to comply with applicable Swiss laws and regulations
7. Fees and Expenses: Compensation structure, payment terms, and reimbursable expenses
8. Reporting Requirements: Regular reporting obligations, including content and frequency of reports
9. Data Protection and Confidentiality: Obligations regarding data handling, privacy, and confidential information
10. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Post-Termination Obligations: Responsibilities and procedures following termination
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Force Majeure: Provisions for handling events beyond parties' control
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Special Servicing: Additional provisions for handling defaulted or problem loans, used when special servicing is part of the scope
2. Sub-Contracting: Terms for engaging sub-servicers, included when sub-contracting is permitted
3. Insurance Requirements: Specific insurance obligations, included for high-value or specialized portfolios
4. Business Continuity: Disaster recovery and business continuity requirements, important for large-scale servicing
5. Anti-Money Laundering Procedures: Detailed AML procedures, included when servicer has direct client contact
6. Multi-Currency Provisions: Special provisions for handling multiple currencies, used for international portfolios
7. Electronic Systems and Security: Requirements for IT systems and cybersecurity, important for digital servicing platforms
8. Performance Metrics: Specific KPIs and service levels, included when quantitative performance measurement is required
1. Schedule 1 - Services Description: Detailed description of all services to be provided, including procedures and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, calculation methods, and payment terms
3. Schedule 3 - Loan Portfolio: Description or list of loans being serviced
4. Schedule 4 - Reporting Ƶ: Format and content requirements for regular reports
5. Schedule 5 - Service Levels: Detailed performance metrics and service level requirements
6. Schedule 6 - Data Protection Requirements: Specific procedures for handling personal and sensitive data
7. Schedule 7 - Operating Procedures: Detailed procedures for day-to-day servicing activities
8. Appendix A - Key Personnel: List of key staff members and their responsibilities
9. Appendix B - Systems and Technology: Technical specifications for systems used in servicing
10. Appendix C - Required Regulatory Notices: Standard forms and notices required by Swiss regulations
Banking
Financial Services
Asset Management
Real Estate Finance
Consumer Finance
Commercial Lending
Mortgage Services
Investment Management
Private Equity
Debt Collection
Legal
Finance
Operations
Compliance
Risk Management
Treasury
Portfolio Management
Credit Administration
Client Services
Collections
Loan Administration
Contract Management
Regulatory Reporting
Account Management
Chief Financial Officer
Head of Loan Operations
Loan Servicing Manager
Portfolio Manager
Credit Risk Manager
Compliance Officer
Legal Counsel
Operations Director
Contract Manager
Relationship Manager
Treasury Manager
Collections Manager
Risk Officer
Financial Controller
Chief Operating Officer
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