The Directors Loan Agreement is a crucial document used when a company in South Africa extends financial assistance to its director. This arrangement must comply with Section 45 of the Companies Act 71 of 2008, which requires specific corporate approvals and solvency/liquidity tests. The agreement details the loan's commercial terms, including amount, interest, and repayment schedule, while addressing tax implications under South African revenue laws. It's particularly important for corporate governance as it documents a related-party transaction and helps demonstrate compliance with directors' fiduciary duties. The agreement typically includes provisions for security, default scenarios, and early repayment options, and may require shareholder approval depending on the company's constitutional documents.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of the company and the director receiving the loan
2. Background: Context of the agreement, including director's relationship with company and purpose of loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount: Specification of the principal amount being loaned
5. Interest: Interest rate, calculation method and payment terms
6. Repayment Terms: Details of how and when the loan will be repaid
7. Conditions Precedent: Conditions that must be met before the loan becomes effective
8. Representations and Warranties: Standard declarations by the director about their financial status and authority
9. Events of Default: Circumstances that would constitute a breach and trigger early repayment
10. Company's Rights and Remedies: Actions company can take in case of default
11. General Provisions: Standard clauses including notices, amendments, governing law
1. Security: Details of any security or collateral provided for the loan - used when loan is secured
2. Guarantee: Terms of any personal guarantee - used when a third party guarantees the loan
3. Tax Provisions: Specific tax-related terms - used when loan has particular tax implications
4. Set-off Rights: Company's right to set off loan against other payments - used when director receives regular payments from company
5. Early Repayment: Terms for early loan repayment - used when early repayment is allowed
6. Insurance: Requirements for life or other insurance - used for larger loans or when company requires additional security
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Description of assets provided as security (if applicable)
3. Loan Drawdown Schedule: Schedule of staged loan payments (if not paid as lump sum)
4. Director's Existing Loans: Details of any other loans between director and company
5. Company Resolution: Copy of board resolution approving the loan
6. Shareholder Resolution: Copy of shareholder resolution if required under Section 45 of Companies Act
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Manufacturing
Mining
Technology
Retail
Healthcare
Construction
Agriculture
Energy
Telecommunications
Transportation
Real Estate
Education
Relevant Teams
Legal
Finance
Corporate Governance
Compliance
Tax
Risk Management
Board Secretariat
Treasury
Executive Management
Internal Audit
Relevant Roles
Chief Executive Officer
Managing Director
Executive Director
Non-Executive Director
Chief Financial Officer
Financial Director
Company Secretary
Legal Counsel
Corporate Lawyer
Finance Manager
Compliance Officer
Tax Manager
Board Member
Chairman
Risk Officer
Find the exact document you need
Employee Loan Contract
A South African law-governed agreement establishing terms for an employer-provided loan to an employee, including repayment through salary deductions.
Download
Loans With Debt Agreement
A South African law-governed agreement combining loan provisions with debt arrangements, compliant with the National Credit Act and related legislation.
Download
Take Over Car Loan Payments Contract
A South African law-governed agreement transferring vehicle loan payment obligations from an original borrower to a new borrower, with lender consent.
Download
Repayment Of Debt Agreement
A South African law-governed agreement that formalizes debt repayment terms between creditor and debtor, ensuring compliance with local credit legislation.
Download
Cellphone Loan Agreement
South African law-compliant agreement for financing mobile devices, covering loan terms, device ownership, and regulatory requirements.
Download
Employer Loan To Employee Agreement
South African law-governed agreement establishing terms for an employer-provided loan to an employee, compliant with the National Credit Act and employment legislation.
Download
Friendship Loan Agreement
A South African legal document formalizing loan arrangements between friends or family members, establishing clear terms while maintaining personal relationships.
Download
Personal Loan Letter Between Friends
A South African legal document formalizing a personal loan agreement between friends, outlining loan terms and conditions while maintaining compliance with local legislation.
Download
Peer To Peer Lending Agreement
South African-compliant agreement establishing terms for peer-to-peer lending between parties, including loan details, repayment terms, and regulatory requirements.
Download
Simple Interest Loan Contract
A South African law-governed loan agreement with simple interest terms, compliant with the National Credit Act and related legislation.
Download
Revolving Credit Contract
A South African law-governed agreement establishing a revolving credit facility between a credit provider and borrower, compliant with the National Credit Act.
Download
Loan Car Form
A South African law-compliant agreement governing the temporary loan of a vehicle between parties, outlining terms, conditions, and responsibilities.
Download
Family Member Promissory Note
A South African legal document formalizing loan agreements between family members, establishing terms and conditions while ensuring compliance with local lending and tax regulations.
Download
Vendor Finance Loan Agreement
A South African law-governed agreement establishing terms for vendor-provided financing for goods or services purchase, compliant with local credit and banking regulations.
Download
Overloan Agreement
A South African law-governed agreement that documents the extension of credit beyond an existing loan facility's limit, setting out terms for the increased borrowing amount.
Download
Acknowledgement Of Debt Agreement
A South African legal document where a debtor formally acknowledges their debt obligation and agrees to specific repayment terms under South African law.
Download
Facility Loan Agreement
A South African law-governed agreement establishing terms for a loan facility, including lending conditions, repayment terms, and security arrangements.
Download
Overagreement
A South African law-governed master agreement that provides an overarching framework for multiple sub-agreements between parties.
Download
Inter Corporate Loan Agreement
A South African law-governed agreement establishing loan terms between corporate entities, including financial terms, security, and compliance requirements.
Download
Subordinated Loan Agreement
South African law-governed agreement establishing terms for subordinated debt, including ranking provisions and payment conditions.
Download
Work Loan Agreement
A South African agreement combining employment terms with loan provisions, governed by national credit and employment legislation.
Download
Peer To Peer Lending Contract
South African law-compliant agreement for direct lending between parties, incorporating National Credit Act requirements and essential lending terms.
Download
Interest Loan Agreement
A South African law-governed agreement establishing terms for an interest-bearing loan, compliant with the National Credit Act and related legislation.
Download
Letter To Borrow Money From Friend
A South African legal document formalizing a personal loan agreement between friends, including loan terms and repayment conditions while complying with local legislation.
Download
Student Loan Agreement
South African law-governed agreement establishing terms for student financial assistance, compliant with National Credit Act and related legislation.
Download
Simple Loan Application Form
South African loan application form compliant with NCA, POPIA, and FICA, designed for gathering borrower information and obtaining necessary consents.
Download
Private Lending Term Sheet
A South African law-governed preliminary document outlining key terms and conditions for a private loan agreement, serving as the basis for detailed loan documentation.
Download
Personal Loan Receipt
A South African legal document acknowledging the disbursement of a personal loan and its key terms, compliant with the National Credit Act.
Download
Loan Agreement With Guarantor
A South African law-governed agreement establishing loan terms between lender and borrower, secured by a third-party guarantor's commitment to ensure repayment.
Download
Investment Loan Contract
A South African law-governed agreement establishing terms for an investment loan, including loan details, security arrangements, and compliance with local financial regulations.
Download
Facility Agreement
A South African law-governed agreement establishing terms and conditions for a lending facility, including loan amount, interest, repayment terms, and security arrangements.
Download
Employee Laptop Loan Agreement
A South African law-governed agreement setting out terms for loaning company laptops to employees, including usage, maintenance, and return conditions.
Download
Car Payment Plan Agreement
A South African law-compliant agreement outlining terms and conditions for vehicle purchase through structured payments, incorporating National Credit Act requirements.
Download
Borrowing Form
A South African law-compliant document that establishes legally binding terms for a loan between a credit provider and borrower, incorporating National Credit Act requirements.
Download
Simple Equipment Borrowing Agreement
A South African law-compliant agreement establishing terms and conditions for temporary equipment loans between parties.
Download
No Loan Agreement
A South African legal document that formally establishes and confirms the absence of any loan relationship between parties.
Download
International Loan Agreement
A South African law-governed agreement for cross-border lending transactions, establishing terms for international loans while ensuring compliance with local regulations.
Download
Inter Corporate Deposit Agreement
A South African law-governed agreement regulating corporate deposit arrangements between companies, including terms for deposit placement, interest, and repayment.
Download
Fixed Sum Loan Agreement
A South African law-governed agreement establishing terms for a fixed sum loan, compliant with the National Credit Act and related regulations.
Download
Deed Of Assignment Loan Agreement
A South African law-governed agreement transferring rights and obligations under an existing loan from one lender to another, including associated terms and conditions.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)