The Loan Memorandum is a fundamental document in Australian lending transactions, used to formalize and document the terms and conditions of a loan facility. It serves as the primary reference point for both lenders and borrowers throughout the life of the facility, incorporating all essential commercial terms, legal requirements, and regulatory obligations. This document type is particularly important in the Australian context, where lending practices are strictly regulated under various legislative frameworks including the National Consumer Credit Protection Act 2009 and the Corporations Act 2001. The Loan Memorandum needs to be carefully drafted to ensure compliance with these regulations while effectively protecting the interests of all parties involved. It is typically used in both corporate and commercial lending scenarios, ranging from simple bilateral facilities to complex syndicated arrangements.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of lender(s) and borrower(s), including ABN/ACN and registered addresses
2. Background: Context of the loan facility, including purpose and any relevant historical information
3. Definitions: Defined terms used throughout the document, including financial and technical terms
4. Facility Details: Key terms including facility amount, purpose, availability period, and interest rate
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Repayment Terms: Repayment schedule, method, and prepayment provisions
7. Interest and Fees: Interest calculation, payment dates, default interest, and applicable fees
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Undertakings: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Boilerplate Provisions: Standard legal provisions including notices, governing law, and jurisdiction
1. Security Arrangements: Required when the loan is secured, detailing the nature and terms of security
2. Guarantee Provisions: Included when there are guarantors to the loan facility
3. Syndication Provisions: Required for syndicated loans with multiple lenders
4. Review Events: Included for facilities with specific review triggers distinct from events of default
5. Market Disruption: Required for facilities with variable rates or international elements
6. Increased Costs and Tax Provisions: Detailed provisions needed for complex commercial loans or cross-border facilities
7. Assignment and Transfer: Detailed provisions needed when transfer of loan interests is contemplated
8. Financial Covenants: Required for loans with specific financial performance requirements
1. Facility Terms Schedule: Detailed breakdown of facility limits, pricing, and key commercial terms
2. Conditions Precedent Schedule: Detailed list of required documents and conditions
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Security Details: List and details of security assets and documents
5. Form of Drawdown Notice: Template for borrower to request loan disbursements
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Permitted Security Interests: List of pre-approved security interests that may exist
8. Financial Covenant Calculations: Formulae and methods for calculating financial covenants
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Infrastructure and Construction
Mining and Resources
Manufacturing
Agriculture
Retail
Healthcare
Technology
Transport and Logistics
Education
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Commercial Lending
Deal Advisory
Transaction Services
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Relationship Manager
Credit Manager
Risk Manager
Compliance Officer
Financial Controller
Banking Executive
Loan Officer
Corporate Banking Manager
Director of Finance
General Counsel
Company Secretary
Find the exact document you need
Tax Memorandum
A formal technical document providing comprehensive tax analysis and advice under Australian tax laws, including detailed examination of specific tax issues and professional recommendations.
Download
Mou For Sponsorship
An Australian-law governed preliminary document outlining the intended terms and conditions of a sponsorship arrangement between parties.
Download
Mou For Business Partnership
An Australian-law governed MOU outlining proposed terms and intentions for establishing a business partnership between parties.
Download
Memorandum Of Consent
An Australian-compliant formal document recording explicit consent between parties for specific actions or arrangements, structured according to Australian legal requirements.
Download
Memorandum Of Agreement Moa
An Australian-compliant Memorandum of Agreement establishing formal cooperative arrangements between parties, outlining mutual commitments and responsibilities under Australian law.
Download
Financial Memorandum
An Australian law-governed document that formalizes financial arrangements between parties, detailing terms, obligations, and compliance requirements under Australian financial services regulations.
Download
Rent Memorandum
An Australian legal document that formalizes rental agreements between landlords and tenants, outlining key terms and conditions of the tenancy.
Download
Memorandum Of Interest
An Australian law-governed preliminary document expressing formal interest in a potential business opportunity or transaction, serving as a precursor to detailed negotiations.
Download
Memorandum Of Intent
An Australian-law governed preliminary document outlining parties' intentions and basic understanding for a proposed business relationship or transaction.
Download
Memorandum Of Acceptance
An Australian law-compliant document formally accepting previously presented terms, proposals, or offers, including specific conditions and modifications if applicable.
Download
Memorandum Account
An Australian legal agreement establishing and governing the operation of a specialized account between a financial institution and account holder, including terms, conditions, and regulatory compliance requirements.
Download
Memorandum For Meeting Announcement
An Australian corporate document used to formally announce and provide essential details for an upcoming meeting, complying with local corporate governance requirements.
Download
Memorandum Report
An Australian-compliant formal business report presenting analysis, findings, and recommendations on specific business matters.
Download
Memorandum Of Lease
An Australian legal document that establishes and governs the formal relationship between landlord and tenant in a property lease arrangement, compliant with Australian property law.
Download
Memorandum Of Wishes
An Australian legal document providing non-binding guidance to trustees about the settlor's preferences for trust management and asset distribution.
Download
Audit Observation Memorandum
An Australian-compliant internal document that formally communicates audit findings, risks, and recommendations to management and stakeholders.
Download
Personal Memorandum
An Australian-compliant Personal Memorandum used to formally document personal intentions, decisions, or important information for future reference.
Download
Company Memorandum
An Australian legal document that establishes a company's basic framework and structure under the Corporations Act 2001.
Download
Funds Flow Memorandum
An Australian-law governed document that details the mechanics and timing of fund transfers between multiple parties in complex financial transactions.
Download
Business Memorandum
A formal internal business communication document used in Australian organizations to convey important information, decisions, or policies, governed by Australian corporate law.
Download
Announcement Memorandum
An Australian corporate document used to formally announce significant company events or transactions, complying with local regulatory requirements and corporate law.
Download
Memorandum Of Receipt
An Australian legal document that formally acknowledges receipt of items, documents, or assets, serving as evidence of transfer between parties.
Download
Memorandum Of Payment
An Australian legal document that establishes formal payment arrangements between parties, outlining payment terms and conditions under Australian law.
Download
Memorandum Of Understanding
An Australian-law governed preliminary agreement outlining parties' intentions and proposed collaboration framework without creating binding obligations.
Download
Memorandum Of Agreement Between Two Parties
An Australian law-compliant Memorandum of Agreement template for establishing formal agreements between two parties.
Download
Loan Memorandum
An Australian law-governed document that sets out the terms and conditions of a loan facility, including key commercial terms, obligations, and regulatory requirements.
Download
Office Memorandum
A formal internal communication document used in Australian business contexts to convey official information, decisions, or procedures within an organization.
Download
Confidential Memorandum
An Australian-law governed internal document for communicating sensitive information with specific security and confidentiality protocols.
Download
Mou And Agreement
An Australian law-governed hybrid document combining a Memorandum of Understanding with binding agreement provisions, suitable for establishing formal and informal commitments between parties.
Download
Internal Memorandum
A formal internal communication document used in Australian organizations to convey official information, policies, or decisions to internal stakeholders.
Download
Operating Memorandum
An Australian-law governed internal document establishing operational procedures and management structures for organizational governance and day-to-day operations.
Download
Interoffice Memorandum
A formal internal communication document used in Australian organizations to convey important information, policies, or decisions between departments or employees.
Download
Decision Memorandum
An Australian-compliant formal document that records and communicates organizational decisions, including context, analysis, and implementation requirements.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)