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IOU Agreement
I need an IOU agreement for a personal loan of 鈧5,000, with a repayment period of 12 months, including a fixed interest rate of 3% per annum. The agreement should specify monthly installment payments, a late payment penalty, and a clause for early repayment without additional fees.
What is an IOU Agreement?
An IOU Agreement, known in Germany as a "Schuldschein" or informal debt acknowledgment, is a written promise to repay borrowed money. It serves as a legally binding document under German civil law (BGB), though it's simpler than a formal loan contract.
This straightforward document outlines the amount borrowed, repayment terms, and any agreed interest rates. While German courts recognize handwritten IOUs, it's safer to create a typed document with both parties' signatures. Unlike formal contracts, IOUs don't require notarization, making them popular for personal loans between friends, family members, or small business transactions.
When should you use an IOU Agreement?
IOU Agreements work best for straightforward lending situations where you need a quick but legally valid record of debt. Common scenarios include lending money to family members, friends, or trusted business associates in Germany where a formal loan contract feels too rigid or costly.
Use an IOU Agreement when the loan amount is moderate (typically under 鈧5,000), the relationship between parties is established, and you need basic protection under German civil law. It's particularly valuable for short-term loans or when you need to document a debt quickly but don't want to involve lawyers or notaries. Just remember: the simpler the terms, the better suited it is for an IOU.
What are the different types of IOU Agreement?
- Simple Handwritten IOU: Basic acknowledgment of debt with amount, date, and signatures - ideal for personal loans between friends or family
- Structured Payment IOU: Includes specific repayment schedule, interest rates, and late payment terms - common in small business transactions
- Collateralized IOU: Links the debt to specific assets as security - useful for larger amounts or higher-risk situations
- Multiple-Party IOU: Involves more than two parties, clearly defining each person's obligations and rights
- Digital IOU: Electronic version with digital signatures, compliant with German e-signature laws for modern business use
Who should typically use an IOU Agreement?
- Private Lenders: Friends, family members, or individuals extending personal loans who need a simple but legally valid record
- Small Business Owners: Entrepreneurs using IOUs for short-term financing or documenting informal business loans
- Freelancers: Self-employed professionals managing cash flow through documented borrowing from their network
- Private Borrowers: Individuals receiving loans who need to provide written acknowledgment of their debt obligations
- Informal Investors: People providing bridge financing or small investments outside traditional banking channels
How do you write an IOU Agreement?
- Basic Details: Gather full legal names, addresses, and contact information for all parties involved
- Loan Terms: Document the exact amount, currency, and any agreed interest rate
- Payment Schedule: Specify repayment dates, installment amounts, and acceptable payment methods
- Identity Verification: Make copies of both parties' government-issued IDs for security
- Documentation: Record the loan's purpose and any special conditions in clear, simple language
- Signatures: Ensure all parties sign and date the document, with each keeping a copy
What should be included in an IOU Agreement?
- Identification Section: Full legal names and addresses of both lender and borrower
- Loan Amount: Precise sum in euros, written in both numbers and words
- Payment Terms: Clear repayment schedule, interest rate (if any), and payment method
- Default Provisions: Consequences of missed payments under German civil law
- Governing Law: Statement confirming German law applies to the agreement
- Signatures: Dated signatures of all parties, with each party's name clearly printed
- Witness Details: Though optional, space for witness signatures adds credibility
What's the difference between an IOU Agreement and a Bond Issuance Agreement?
An IOU Agreement differs significantly from a Bond Issuance Agreement in several key aspects, though both involve debt obligations. While IOUs are informal debt acknowledgments, bond issuance agreements are complex financial instruments used in corporate or institutional settings.
- Formality Level: IOUs are simple, often handwritten documents for personal loans, while bond agreements require extensive legal documentation and regulatory compliance
- Scale and Parties: IOUs typically involve two individuals or small businesses for modest amounts, whereas bond agreements involve corporate issuers, trustees, and multiple investors
- Legal Requirements: IOUs need minimal formalities under German civil law, but bond agreements must comply with securities regulations and BaFin requirements
- Transferability: IOUs are usually non-transferable personal obligations, while bonds are designed to be traded on secondary markets
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