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Loan Purchase Agreement for the United Kingdom

Loan Purchase Agreement Template for England and Wales

A Loan Purchase Agreement under English and Welsh law is a legally binding contract that facilitates the transfer of a loan or portfolio of loans from one party (seller) to another (purchaser). The agreement details the terms and conditions of the sale, including purchase price, representations and warranties, and completion mechanics. It ensures compliance with UK financial regulations, including the Financial Services and Markets Act 2000 and relevant FCA requirements, while addressing data protection and consumer protection obligations where applicable.

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What is a Loan Purchase Agreement?

A Loan Purchase Agreement is commonly used when financial institutions or other entities wish to transfer loan assets, either for portfolio management, regulatory compliance, or strategic purposes. This agreement, governed by English and Welsh law, comprehensively documents the terms of the transfer, including price, conditions precedent, and ongoing obligations. It addresses crucial aspects such as regulatory compliance, borrower notifications, and the transfer of associated security interests. The document is particularly important in the context of debt sales, portfolio acquisitions, and financial institution restructuring.

What sections should be included in a Loan Purchase Agreement?

1. Parties: Identification and details of the seller and purchaser of the loans

2. Background: Context of the transaction and brief description of the loan portfolio

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core terms of the sale including price and payment mechanisms

5. Conditions Precedent: Conditions that must be satisfied before completion

6. Completion: Mechanics and timing of the transfer

7. Representations and Warranties: Statements of fact about the loans and parties

8. Undertakings: Ongoing obligations of the parties

What sections are optional to include in a Loan Purchase Agreement?

1. Security Assignment: Transfer of associated security interests - include when loans are secured

2. Servicing Arrangements: Terms for ongoing loan servicing - include when seller continues to service the loans

3. Data Protection: Specific provisions for handling personal data - include when consumer loans are involved

What schedules should be included in a Loan Purchase Agreement?

1. Loan Schedule: Detailed list of loans being purchased including key information

2. Form of Transfer Notice: Template for notifying borrowers of the transfer

3. Completion Requirements: Detailed list of documents and actions required at completion

4. Warranties: Detailed warranties about the loan portfolio

5. Security Documents: List of security documents being transferred (if applicable)

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

England and Wales

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions






































Clauses



































Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including regulatory framework, requirements for authorized persons, and consumer protection provisions

Consumer Credit Act 1974: Legislation governing consumer credit agreements, including consumer protection provisions and licensing requirements for credit-related activities

Sale of Goods Act 1979: Legislation covering general principles of sale and title transfer provisions in England and Wales

Transfer of Property Act 1925: Legislation governing legal assignment requirements and notice provisions for property transfer

FCA Handbook: Regulatory sourcebook including CONC (Consumer Credit), PRIN (Principles for Businesses), and SYSC (Senior Management Arrangements)

UK GDPR and Data Protection Act 2018: Data protection legislation governing the processing and transfer of personal data in loan transactions

Money Laundering Regulations 2017: Regulations covering due diligence requirements and reporting obligations for financial transactions

Unfair Contract Terms Act 1977: Legislation governing the reasonableness of contract terms and limitation of liability provisions

Financial Collateral Arrangements (No 2) Regulations 2003: Regulations governing security interests and financial collateral arrangements

Banking Act 2009: Legislation governing regulated banking activities and transactions involving banks

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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