The Loan Facilitation Agreement is essential for businesses operating in South Africa's lending sector where an intermediary facilitates loan arrangements between lenders and borrowers. This document is particularly relevant in the context of South Africa's highly regulated credit market, where compliance with the National Credit Act and other financial regulations is crucial. The agreement typically covers key aspects such as service scope, regulatory compliance requirements, commission structures, and operational procedures. It's commonly used when establishing new lending partnerships, launching digital lending platforms, or formalizing existing loan facilitation arrangements. The document must incorporate specific South African regulatory requirements while maintaining commercial flexibility for the parties involved.
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1. Parties: Identification of the Loan Facilitator, Lender(s), and any other relevant parties to the agreement
2. Background: Context of the agreement, including the facilitator's role and general purpose of the arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Scope: Formal appointment of the facilitator and detailed scope of facilitation services
5. Facilitator's Obligations: Detailed responsibilities of the facilitator including loan origination, documentation, and compliance duties
6. Lender's Obligations: Responsibilities and commitments of the lender(s) in the facilitation arrangement
7. Compliance Requirements: Obligations regarding National Credit Act, FICA, and other regulatory requirements
8. Fees and Commission: Fee structure, payment terms, and commission arrangements
9. Representations and Warranties: Standard and specific warranties from all parties
10. Duration and Termination: Term of the agreement and termination provisions
11. Confidentiality: Confidentiality obligations and data protection requirements
12. Dispute Resolution: Process for handling disputes between parties
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. White Label Services: Include when the facilitator provides services under the lender's brand
2. Technology Platform: Include when the facilitation involves use of specific software or technology platforms
3. Credit Assessment Procedures: Include when the facilitator is involved in credit assessment processes
4. Marketing and Referral Terms: Include when the facilitator has marketing or referral responsibilities
5. Multiple Lender Provisions: Include when the facilitator works with multiple lenders
6. Security Requirements: Include when specific security or guarantees are required
7. Service Level Agreement: Include when specific performance metrics need to be maintained
1. Fee Schedule: Detailed breakdown of all fees, commissions, and payment terms
2. Service Specifications: Detailed description of facilitation services and processes
3. Compliance Procedures: Detailed compliance procedures and checklists
4. Required Forms and Templates: Standard forms and templates used in the facilitation process
5. Technology Specifications: Technical requirements and specifications for any technology platforms
6. Approved Lender List: List of approved lenders if multiple lender arrangement
7. KYC and Due Diligence Requirements: Detailed KYC and due diligence procedures
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Fintech
Consumer Lending
Microfinance
Asset Finance
Property Finance
Commercial Lending
Retail
Technology
Relevant Teams
Legal
Compliance
Risk Management
Finance
Operations
Credit
Business Development
Partnerships
Commercial
Information Technology
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Risk Officer
Head of Lending
Credit Manager
Compliance Officer
Legal Counsel
Business Development Manager
Operations Manager
Partnership Manager
Financial Director
Credit Risk Analyst
Commercial Director
Relationship Manager
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