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Small Business Loan Contract for Canada

Small Business Loan Contract Template for Canada

A Small Business Loan Contract is a legally binding agreement under Canadian law that establishes the terms and conditions for a loan between a financial institution and a small business borrower. This document outlines the loan amount, interest rates, repayment terms, security arrangements, and obligations of all parties involved. It incorporates requirements from both federal and provincial Canadian legislation, including the Bank Act and relevant Provincial Security Acts, ensuring compliance with Canadian lending regulations and protecting the interests of both the lender and borrower.

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Small Business Loan Contract

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What is a Small Business Loan Contract?

The Small Business Loan Contract is a fundamental document used in Canadian business financing to formalize lending arrangements between financial institutions and small to medium-sized enterprises. This agreement is essential when a business seeks capital for expansion, working capital, equipment purchase, or other business purposes. The contract must comply with Canadian federal regulations, including the Bank Act and Interest Act, as well as provincial legislation such as the Personal Property Security Act. It typically includes detailed terms about the loan amount, interest calculations, repayment schedule, security arrangements, events of default, and remedies. The document is designed to protect both the lender's security interest and the borrower's rights while ensuring transparency in the lending relationship.

What sections should be included in a Small Business Loan Contract?

1. Parties: Identification of the lender and borrower, including full legal names, addresses, and registration details

2. Background: Context of the loan agreement, including purpose of the loan and brief description of the borrower's business

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the principal amount and detailed description of approved use of funds

5. Interest Rate and Calculation: Clear statement of interest rate, calculation method, and frequency of compounding

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

7. Security: Description of assets or guarantees provided as security for the loan

8. Representations and Warranties: Statements of fact by the borrower about their business, financial condition, and authority to enter into the agreement

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

10. Events of Default: Circumstances that constitute default and consequences thereof

11. Remedies: Lender's rights and remedies in case of default

12. General Provisions: Standard contract clauses including notices, amendments, governing law, and assignment

What sections are optional to include in a Small Business Loan Contract?

1. Insurance Requirements: Required when specific insurance coverage is needed to protect the loan security

2. Guarantor Provisions: Required when a personal or corporate guarantee is part of the security structure

3. Prepayment Terms: Include when early repayment is allowed, specifying any penalties or conditions

4. Draw Down Provisions: Required for loans that are not fully advanced at closing

5. Financial Covenants: Include for larger loans requiring ongoing financial performance metrics

6. Subordination Terms: Required when there are other lenders and priority needs to be established

What schedules should be included in a Small Business Loan Contract?

1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and allocation between principal and interest

2. Security Agreement: Detailed description of collateral and security registration requirements

3. Business Plan: Summary of borrower's business plan and financial projections

4. Guarantor Agreement: Terms of any personal or corporate guarantees

5. Disclosure Statement: Required disclosures under relevant federal and provincial legislation

6. Certificate of Independent Legal Advice: Confirmation that borrower has 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

Retail

Manufacturing

Professional Services

Technology

Healthcare

Hospitality

Construction

Agriculture

Transportation

Real Estate

E-commerce

Food Services

Consulting

Automotive

Education

Relevant Teams

Legal

Commercial Banking

Credit Risk

Compliance

Business Development

Financial Control

Operations

Treasury

Underwriting

Account Management

Relevant Roles

Small Business Owner

Commercial Loan Officer

Credit Manager

Business Development Manager

Financial Controller

Chief Financial Officer

Risk Manager

Compliance Officer

Legal Counsel

Account Manager

Branch Manager

Underwriter

Business Banking Specialist

Financial Advisor

Treasury 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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