The Credit Loan Agreement serves as a legally binding document used in New Zealand to formalize lending arrangements between financial institutions or creditors and borrowers. This document is essential for any credit facility provided under New Zealand law, particularly complying with the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and associated regulations. It is used when a lender provides credit to a borrower, whether for personal, business, or investment purposes, and includes crucial information about loan terms, interest rates, repayment schedules, and borrower obligations. The agreement also incorporates mandatory disclosure requirements, responsible lending obligations, and consumer protection provisions as required by New Zealand legislation.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and brief description of the purpose
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent to drawdown
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment Terms: Payment schedule, method of payment, and early repayment provisions
7. Fees and Charges: All applicable fees, charges, and costs associated with the loan
8. Borrower's Representations and Warranties: Statements of fact and promises made by the borrower regarding their situation and capacity
9. Borrower's Obligations: Ongoing obligations and responsibilities of the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
12. General Provisions: Standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Security Arrangements: Include when the loan is secured against specific assets
2. Guarantor Provisions: Include when there are third-party guarantors for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for secured assets
4. Special Conditions: Include when there are unique terms specific to this loan
5. Prepayment Provisions: Include detailed early repayment terms when allowed
6. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
7. Joint and Several Liability: Include when there are multiple borrowers
1. Schedule 1 - Loan Details: Key financial terms including loan amount, interest rate, term, and payment dates
2. Schedule 2 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
3. Schedule 3 - Fees and Charges: Comprehensive list of all fees and charges applicable to the loan
4. Schedule 4 - Security Details: Description of any security assets and their valuation
5. Schedule 5 - Initial Disclosure Statement: Mandatory disclosure information required under the CCCFA
6. Appendix A - Direct Debit Authority: Form for setting up automatic payments
7. Appendix B - Privacy Statement: Details of how personal information will be handled
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Credit Unions
Microfinance
Consumer Finance
Corporate Lending
Real Estate
Small Business
Retail
Professional Services
Relevant Teams
Legal
Compliance
Credit Assessment
Risk Management
Finance
Operations
Customer Service
Collections
Business Development
Document Management
Credit Operations
Lending Operations
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Compliance Officer
Risk Manager
Financial Advisor
Branch Manager
Credit Analyst
Lending Manager
Contract Administrator
Business Development Manager
Collections Manager
Customer Service Representative
Chief Financial Officer
Credit Risk Officer
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