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OverContract for Australia

OverContract Template for Australia

This is a comprehensive overdraft facility agreement governed by Australian law, specifically compliant with the National Consumer Credit Protection Act 2009 and the Banking Code of Practice. The document establishes the terms and conditions for an overdraft facility, including credit limits, interest calculations, fees and charges, operational requirements, and the rights and obligations of both the financial institution and the borrower. It incorporates mandatory consumer protection provisions and includes all necessary disclosures required under Australian banking and consumer credit legislation.

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What is a OverContract?

The Overdraft Contract is a crucial financial agreement used in the Australian banking sector when a financial institution agrees to extend credit facilities to a customer through their transaction account. This document is essential when establishing overdraft arrangements for both individual and business customers, providing a formal framework for the lending relationship. The contract must comply with Australian banking regulations, including the National Consumer Credit Protection Act 2009, the Banking Act 1959, and the Banking Code of Practice. It details credit limits, interest calculations, fees, security arrangements (if applicable), default provisions, and both parties' rights and obligations. The document is designed to protect both the lender's interests and the borrower's rights while ensuring transparency and compliance with Australian consumer protection laws.

What sections should be included in a OverContract?

1. Parties: Identification of the financial institution (lender) and the customer (borrower)

2. Background: Context of the agreement and purpose of the overdraft facility

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the overdraft facility including credit limit, purpose, and availability

5. Interest and Fees: Interest rate calculations, fees, charges, and when/how they're payable

6. Operation of Account: Rules for operating the overdraft account, including withdrawals, payments, and statements

7. Representations and Warranties: Customer's declarations regarding their financial situation and ability to repay

8. Customer Obligations: Ongoing obligations of the customer including financial covenants and reporting requirements

9. Events of Default: Circumstances constituting default and consequences

10. Bank's Rights and Remedies: Actions the bank can take in case of default or breach

11. Privacy and Confidentiality: Handling of customer information and privacy obligations

12. Notices: How formal communications between parties should be made

13. General Provisions: Standard contract terms including governing law, amendments, and assignment

What sections are optional to include in a OverContract?

1. Security: Required when the overdraft facility is secured by assets or guarantees

2. Guarantor Provisions: Include when a guarantor is required for the facility

3. Set-off Rights: Optional provisions allowing the bank to set off debts against other accounts

4. Electronic Banking Provisions: Include when specific electronic banking arrangements apply to the facility

5. Multiple Account Holders: Required when the overdraft is held jointly by multiple parties

6. Business Use Provisions: Include when the overdraft is for business purposes

7. Foreign Currency Provisions: Required if the facility can be used for foreign currency transactions

What schedules should be included in a OverContract?

1. Schedule 1 - Facility Details: Specific details of the facility including credit limit, interest rates, and fees

2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Schedule 3 - Direct Debit Request Service Agreement: Terms for direct debit arrangements if applicable

4. Schedule 4 - Security Details: Details of any security provided for the facility

5. Appendix A - Required Forms: Standard forms for facility operation (drawdown notices, variation requests)

6. Appendix B - Privacy Statement: Detailed privacy policy and credit reporting information

7. Appendix C - Information Statement: Mandatory information statement under the National Credit Code

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Account Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
















































Clauses






























Relevant Industries

Banking and Financial Services

Retail

Manufacturing

Professional Services

Construction

Agriculture

Healthcare

Technology

Hospitality

Real Estate

Transport and Logistics

Mining and Resources

Education

Non-Profit Organizations

Relevant Teams

Legal

Compliance

Credit Assessment

Risk Management

Retail Banking

Corporate Banking

Operations

Customer Service

Product Development

Documentation

Treasury

Internal Audit

Finance

Business Banking

Relevant Roles

Credit Manager

Lending Officer

Banking Relationship Manager

Compliance Officer

Legal Counsel

Risk Manager

Credit Analyst

Account Manager

Branch Manager

Financial Controller

Company Secretary

Chief Financial Officer

Treasury Manager

Operations Manager

Product Manager - Lending

Customer Service 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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