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Fixed Sum Credit Agreement for Canada

Fixed Sum Credit Agreement Template for Canada

A Fixed Sum Credit Agreement governed by Canadian law is a legally binding contract between a lender and borrower for a specified loan amount with defined repayment terms. The agreement complies with federal legislation including the Interest Act and Bank Act, as well as applicable provincial consumer protection laws. It outlines the complete terms of the credit facility, including interest rates, payment schedules, security requirements, and default provisions. This document incorporates mandatory Canadian regulatory disclosures, particularly those required under the Cost of Borrowing Regulations, and includes specific provisions for interest rate calculations as mandated by Canadian federal law.

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Fixed Sum Credit Agreement

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What is a Fixed Sum Credit Agreement?

The Fixed Sum Credit Agreement is a crucial document used in Canadian lending transactions where a specific amount of credit is extended to a borrower under fixed terms. This agreement is particularly relevant in situations where a lender provides a one-time loan amount to be repaid according to a predetermined schedule, rather than a revolving credit facility. The document must comply with Canadian federal legislation, including the Interest Act, Bank Act, and Criminal Code provisions regarding interest rates, as well as provincial consumer protection laws. It includes comprehensive details about the credit facility, repayment terms, security arrangements, and borrower obligations. The agreement is structured to meet Canadian regulatory requirements for consumer disclosure and incorporates specific provisions for interest rate calculations and cost of borrowing disclosures. This type of agreement is commonly used for business loans, equipment financing, and structured personal lending arrangements where the full loan amount is disbursed at once.

What sections should be included in a Fixed Sum Credit Agreement?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the agreement and purpose of the loan

3. Definitions: Defined terms used throughout the agreement

4. Loan Amount and Purpose: Specific amount of credit being extended and its intended use

5. Interest Rate and Calculations: Interest rate, calculation method, and annual percentage rate (APR) details

6. Repayment Terms: Payment schedule, amounts, frequency, and method of payment

7. Fees and Charges: All applicable fees, charges, and penalties

8. Security: Details of any security or collateral for the loan

9. Representations and Warranties: Borrower's confirmations regarding their financial status and ability to repay

10. Covenants: Ongoing obligations of the borrower during the term of the loan

11. Events of Default: Circumstances constituting default and consequences

12. Remedies: Lender's rights and remedies upon default

13. Privacy and Data Protection: Handling of personal information in compliance with PIPEDA

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

15. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments

What sections are optional to include in a Fixed Sum Credit Agreement?

1. Guarantor Provisions: Required when there is a guarantor for the loan

2. Insurance Requirements: Required when specific insurance must be maintained on collateral

3. Prepayment Rights: Include when early repayment options are offered

4. Co-Borrower Provisions: Required when there are multiple borrowers

5. Special Purpose Covenants: Include when loan is for specific purpose requiring special conditions

6. Cross-Default Provisions: Include when borrower has other loans with the lender

7. Electronic Communications Consent: Required when parties agree to electronic delivery of notices and statements

What schedules should be included in a Fixed Sum Credit Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal

2. Schedule B - Fee Schedule: Comprehensive list of all fees and charges

3. Schedule C - Security Details: Detailed description of any collateral or security

4. Schedule D - Insurance Requirements: Specific insurance requirements for secured assets

5. Appendix 1 - Disclosure Statement: Regulatory required cost of borrowing disclosure

6. Appendix 2 - Direct Debit Authorization: Authorization for automatic payment withdrawals

7. Appendix 3 - Certificate of Independent Legal Advice: Confirmation that borrower received independent legal advice

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

Canada

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions






































Clauses





























Relevant Industries

Banking & Financial Services

Real Estate

Commercial Lending

Retail Banking

Small Business Services

Construction

Manufacturing

Agriculture

Professional Services

Healthcare

Education

Technology

Relevant Teams

Legal

Compliance

Credit Risk

Commercial Banking

Retail Banking

Documentation

Underwriting

Corporate Banking

Operations

Risk Management

Credit Administration

Regulatory Affairs

Relevant Roles

Credit Manager

Commercial Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Financial Services Representative

Credit Analyst

Underwriter

Account Manager

Business Development Manager

Corporate Banking Officer

Legal Document Specialist

Credit Administration Manager

Regulatory Compliance Specialist

Senior Lending Officer

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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