The Personal Loan Repayment Agreement is essential for any lending arrangement in New Zealand where an individual borrows money for personal use. This document is designed to comply with the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and related New Zealand legislation, providing a legally robust framework for both lender and borrower. It should be used whenever a personal loan is extended, whether from a financial institution or private lender, and must include mandatory disclosure requirements, interest calculations, repayment terms, and borrower rights. The agreement protects both parties by clearly documenting the loan terms while ensuring compliance with New Zealand's consumer protection laws.
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1. Parties: Identifies the lender and borrower with their full legal names, addresses, and contact details
2. Background: Sets out the context of the loan agreement, including the borrower's request for the loan and the lender's agreement to provide it
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended purpose
5. Interest Rate: Details the applicable interest rate, whether fixed or variable, and how it is calculated
6. Repayment Terms: Specifies the repayment schedule, including payment amounts, frequency, and duration
7. Method of Payment: Describes acceptable payment methods and account details for payments
8. Early Repayment: Outlines the borrower's right to make early repayments and any associated fees
9. Default and Consequences: Defines what constitutes a default and the consequences thereof
10. Notices: Specifies how formal communications between parties should be made
11. General Provisions: Contains standard legal provisions including governing law, assignment, and amendments
1. Security: Required if the loan is secured against any assets, describing the security arrangement
2. Guarantor Provisions: Required if there is a guarantor for the loan, outlining their obligations and liability
3. Insurance Requirements: Required if the borrower must maintain specific insurance coverage
4. Special Conditions: Used when there are unique terms specific to this loan arrangement
5. Direct Debit Authority: Required if automatic payments are being set up as the payment method
1. Repayment Schedule: Detailed breakdown of payment dates and amounts
2. Fee Schedule: Comprehensive list of all applicable fees and charges
3. Security Details: Description of any assets provided as security (if applicable)
4. Disclosure Statement: Initial disclosure required under the CCCFA, including key information about the loan
5. Direct Debit Form: Authorization form for automatic payments (if applicable)
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