The Cash Advance Loan Agreement is designed for use in the Philippines when one party (the lender) agrees to provide short-term financing to another party (the borrower) with specific repayment terms. This document is essential for both institutional lenders and private entities engaging in lending transactions, ensuring compliance with Philippine banking regulations, usury laws, and consumer protection requirements. The agreement covers crucial elements such as loan amount, interest rates, repayment schedule, security arrangements, and default remedies, while incorporating mandatory disclosures required by the Truth in Lending Act and related regulations. It's particularly useful for businesses providing salary loans, short-term financing, or emergency funding, and can be customized based on the specific needs of the transaction while maintaining regulatory compliance.
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1. Parties: Identification of the Lender and Borrower with complete legal names and addresses
2. Background: Context of the loan agreement and brief description of the parties' intention
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate and Charges: Detailed breakdown of interest rates, processing fees, and other charges as required by the Truth in Lending Act
6. Repayment Terms: Payment schedule, method of payment, and payment obligations
7. Representations and Warranties: Statements of fact and assurances from the Borrower
8. Borrower's Covenants: Ongoing obligations and restrictions on the Borrower
9. Events of Default: Circumstances constituting default and consequences
10. Remedies: Lender's rights and remedies in case of default
11. Data Privacy Consent: Provisions for handling personal information in compliance with the Data Privacy Act
12. Governing Law: Specification of Philippine law as governing law and jurisdiction
13. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Security: Details of any collateral or security provided for the loan - include when loan is secured
2. Guarantor Provisions: Terms relating to guarantors - include when there are third-party guarantors
3. Insurance: Requirements for insurance coverage - include when insurance is required
4. Electronic Execution: Provisions for electronic signing - include when agreement will be executed electronically
5. Prepayment Terms: Terms for early repayment - include when early repayment is allowed
6. Post-Dated Checks: Terms for post-dated checks - include when PDCs are part of repayment mechanism
1. Schedule A - Loan Details: Detailed breakdown of loan amount, interest rates, and payment schedule
2. Schedule B - Fees and Charges: Comprehensive list of all applicable fees and charges
3. Schedule C - Repayment Schedule: Amortization table showing payment dates and amounts
4. Schedule D - Truth in Lending Disclosure: Mandatory disclosure statement as required by RA 3765
5. Schedule E - Security Details: Description of any collateral or security (if applicable)
6. Appendix 1 - KYC Documents: List of required Know Your Customer documents
7. Appendix 2 - Payment Instructions: Detailed payment procedures and bank account information
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Microfinance
Retail
Small and Medium Enterprises
Consumer Finance
Corporate Finance
Real Estate
Manufacturing
Trading
Agriculture
Service Industry
Relevant Teams
Legal
Finance
Credit
Compliance
Risk Management
Treasury
Collections
Operations
Business Development
Customer Service
Documentation
Relevant Roles
Legal Counsel
Loan Officer
Credit Manager
Finance Manager
Compliance Officer
Risk Manager
Treasury Manager
Collection Officer
Account Manager
Business Development Manager
Chief Financial Officer
Credit Analyst
Financial Controller
Branch Manager
Operations Manager
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