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Loan Assumption Agreement Template for Singapore

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Key Requirements PROMPT example:

Loan Assumption Agreement

"Need a Loan Assumption Agreement for our Singapore subsidiary to take over a SGD 2.5M commercial loan from DBS Bank, with the assumption planned for March 2025 and including provisions for existing property security arrangements."

Document background
The Loan Assumption Agreement is commonly used in Singapore when there's a need to transfer loan obligations between lenders while maintaining the original borrower's commitments. This document, governed by Singapore law and regulated by the Monetary Authority of Singapore, is essential in scenarios such as bank mergers, loan portfolio sales, or restructuring of lending arrangements. The agreement ensures compliance with Singapore's banking regulations while protecting all parties' interests through clear documentation of the assumption terms, security arrangements, and ongoing obligations.
Suggested Sections

1. Parties: Identifies all parties involved: original lender, new lender, and borrower

2. Background: Details of the original loan and circumstances leading to assumption

3. Definitions: Key terms used throughout the agreement

4. Assumption of Loan: Core terms of the assumption including rights and obligations

5. Representations and Warranties: Statements of fact by parties regarding their capacity and authority

6. Governing Law and Jurisdiction: Specification of Singapore law and courts' jurisdiction

Optional Sections

1. Security Arrangements: Details of any security/collateral arrangements - include when loan is secured

2. Original Lender Release: Terms releasing original lender from obligations - include when original lender needs complete release

3. Guarantor Provisions: Terms relating to guarantors - include when loan has guarantors

Suggested Schedules

1. Original Loan Agreement: Copy or details of the original loan agreement being assumed

2. Payment Schedule: Updated repayment schedule post-assumption

3. Security Details: List and details of any security/collateral (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses

























Industries

Contracts Act 1872 (Chapter 53): Primary legislation governing contract formation, validity, and enforcement in Singapore. Crucial for the basic structure and enforceability of the loan assumption agreement.

Moneylenders Act (Chapter 188): Regulates moneylending activities in Singapore, including licensing requirements and restrictions on loan terms. Relevant if any party is considered a moneylender under the Act.

Banking Act (Chapter 19): Primary legislation governing banking institutions and their activities in Singapore. Relevant for loans involving regulated banking institutions.

Property Law Act (Chapter 242): Relevant if the loan assumption involves property-related financing. Governs rights and obligations related to property transactions.

Civil Law Act (Chapter 43): Contains provisions affecting civil law matters, including contract law and remedies available to parties.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore that govern banking and financial institutions' practices.

MAS Notice 635: Specific notice on banking arrangements and lending practices that banks must comply with.

MAS Notice 645: Regulations specifically dealing with property loans and their requirements, if applicable to the assumption agreement.

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data. Relevant for handling personal information in the loan documentation.

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism requirements that must be considered in financial transactions.

Consumer Protection (Fair Trading) Act: Protects consumer interests in transactions, including financial services, particularly relevant if the loan involves individual consumers.

Unfair Contract Terms Act (Chapter 396): Regulates unfair terms in contracts, ensuring balance between parties' rights and obligations.

Singapore Case Law on Loan Assumptions: Relevant judicial decisions and precedents regarding loan assumptions and novation in Singapore courts.

ABS Guidelines: Industry standards and guidelines issued by the Association of Banks in Singapore that establish best practices for banking transactions.

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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