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Peer To Peer Loan Agreement for the United Kingdom

Peer To Peer Loan Agreement Template for England and Wales

A Peer to Peer Loan Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions of a direct loan between individuals or entities without traditional financial intermediaries. The agreement covers essential elements including loan amount, interest rates, repayment terms, default provisions, and security arrangements where applicable. It ensures compliance with FCA regulations and relevant consumer protection legislation while providing clear rights and obligations for all parties involved.

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What is a Peer To Peer Loan Agreement?

The Peer to Peer Loan Agreement serves as a crucial document in the growing alternative finance sector, particularly relevant in England and Wales where P2P lending is regulated by the FCA. This agreement is essential when individuals or entities wish to engage in direct lending without traditional banking intermediaries. The document outlines loan terms, repayment schedules, interest calculations, and default provisions while ensuring compliance with relevant financial regulations and consumer protection laws. It's particularly important for protecting both lenders' and borrowers' interests in increasingly popular P2P lending platforms.

What sections should be included in a Peer To Peer Loan Agreement?

1. Parties: Details of the lender and borrower including full legal names and addresses

2. Background: Context of the loan arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount and its intended use

5. Interest Rate and Calculations: Details of interest rate, calculation method and payment schedule

6. Repayment Terms: Schedule and method of repayment, including early repayment provisions

7. Default Provisions: Consequences of default and remedies available

8. Representations and Warranties: Standard declarations by both parties

9. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Peer To Peer Loan Agreement?

1. Security: Details of any collateral or security when loan is secured

2. Guarantor Provisions: Terms relating to any guarantors when loan includes a guarantor

3. Insurance Requirements: Required insurance coverage when specific insurance is required

4. Assignment Provisions: Terms for transferring the loan when transfer rights are needed

What schedules should be included in a Peer To Peer Loan Agreement?

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Security Details: Detailed description of any security provided (for secured loans)

3. Direct Debit Mandate: Payment authorization forms

4. KYC Documentation: Identity verification documents

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

Financing Agreement

Cost

Free to use
Relevant legal definitions





























Clauses





























Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including requirements for form and content of credit agreements, licensing of lenders, and consumer protections

Financial Services and Markets Act 2000: Framework legislation for financial services regulation in the UK, establishing regulatory structure and requirements for financial activities

Consumer Rights Act 2015: Legislation protecting consumer rights and defining unfair terms in consumer contracts, including financial agreements

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly those limiting liability or creating unreasonable obligations

Fraud Act 2006: Criminal law framework addressing fraudulent activities, relevant for anti-fraud provisions in loan agreements

FCA P2P Lending Regulations: Specific regulatory requirements from the Financial Conduct Authority governing peer-to-peer lending platforms and activities

Payment Services Regulations 2017: Regulations governing payment services, including transfer of funds and payment processing in P2P lending

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices, including misleading financial promotions

PS19/14 Loan-based P2P Regulation: FCA policy statement specifically addressing loan-based P2P platforms, including risk management and disclosure requirements

UK GDPR: Post-Brexit data protection regulation governing the processing and protection of personal data in the UK

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR and governing personal data handling

Proceeds of Crime Act 2002: Legislation addressing money laundering and proceeds of crime, relevant for KYC and AML requirements in P2P lending

Money Laundering Regulations 2017: Specific regulations governing anti-money laundering requirements and procedures for financial services

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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