Ƶ

Loan Origination Agreement for South Africa

Loan Origination Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the terms and conditions under which a lender provides financial facilities to a borrower. This document incorporates requirements from the National Credit Act and other relevant South African legislation, detailing loan amount, interest rates, repayment terms, security arrangements, conditions precedent, and events of default. It includes provisions for compliance with South African banking regulations, consumer protection requirements, and financial intelligence legislation, while establishing clear rights and obligations for all parties involved in the lending arrangement.

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.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Loan Origination Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Loan Origination Agreement?

The Loan Origination Agreement serves as the primary document for establishing lending relationships in South Africa, subject to the National Credit Act and related financial services legislation. This document is essential when financial institutions or authorized lenders extend credit facilities to borrowers, whether corporate entities or individuals. It captures all critical aspects of the lending arrangement, including facility terms, security requirements, drawdown mechanics, and compliance obligations. The agreement must align with South African banking regulations, consumer protection laws, and anti-money laundering requirements, making it a crucial tool for risk management and regulatory compliance in lending operations. The document's structure and content are designed to protect both lender and borrower interests while ensuring transparency and enforceability under South African law.

What sections should be included in a Loan Origination Agreement?

1. Parties: Identification and details of the Lender and Borrower, including registration numbers for companies or ID numbers for individuals

2. Background: Context of the loan agreement, purpose of the facility, and any relevant historical information

3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation

4. The Facility: Details of the loan amount, purpose, and any tranching arrangements

5. Conditions Precedent: Conditions that must be satisfied before the loan becomes available

6. Drawdown: Procedures and requirements for requesting and receiving loan disbursements

7. Interest: Interest rate, calculation method, payment periods, and default interest provisions

8. Repayment: Repayment schedule, method of payment, and prepayment provisions

9. Security: Details of any security or collateral required for the loan

10. Representations and Warranties: Statements of fact and assurances given by the Borrower

11. Covenants: Positive and negative obligations of the Borrower during the loan term

12. Events of Default: Circumstances constituting default and consequences thereof

13. Costs and Expenses: Allocation of transaction costs and ongoing expenses

14. Notices: Communication procedures and contact details

15. Governing Law and Jurisdiction: Specification of South African law and jurisdiction for disputes

16. Execution: Signature blocks and execution formalities

What sections are optional to include in a Loan Origination Agreement?

1. Guarantee Provisions: Include when there are third-party guarantors for the loan

2. Security Agent Provisions: Required for syndicated loans or where security is held through an agent

3. Tax Gross-Up and Indemnities: Include for cross-border loans or where tax implications need specific attention

4. Increased Costs: Include for longer-term loans or where regulatory changes might impact costs

5. Market Disruption: Include for floating rate loans to address market disruption scenarios

6. Assignment and Transfer: Include if the loan may be transferred or syndicated

7. Anti-Money Laundering Provisions: Detailed provisions when required by the nature of the borrower or transaction size

8. Multiple Drawdown Provisions: Include for facilities with multiple drawdown periods or revolving features

What schedules should be included in a Loan Origination Agreement?

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Notice: Template for borrower to request loan disbursements

3. Repayment Schedule: Detailed amortization table or repayment dates

4. Security Documents: List and copies of all security documents

5. Fee Schedule: Breakdown of all applicable fees and charges

6. Disclosure Schedule: Detailed disclosures related to representations and warranties

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Required Insurance: Details of insurance requirements for secured assets

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Relevant legal definitions










Clauses










































Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Mining

Agriculture

Retail

Technology

Construction

Healthcare

Transportation

Energy

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Corporate Banking

Operations

Document Management

Due Diligence

Relationship Management

Relevant Roles

Chief Financial Officer

Legal Counsel

Credit Manager

Risk Officer

Compliance Officer

Loan Officer

Financial Manager

Treasury Manager

Credit Analyst

Legal Manager

Banking Executive

Relationship Manager

Due Diligence Officer

Corporate Finance Manager

Documentation Specialist

Industries







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

Find the exact document you need

Hybrid Fee Agreement

A South African law-compliant agreement combining hourly billing and contingency fees for legal services.

Download

Referral Agreement

A South African law-governed agreement establishing terms for business referrals between parties, including referral process, compensation, and compliance requirements.

Download

Consent Order Fee

A South African court document that formalizes an agreement between parties regarding legal fees and costs, requiring court approval for enforcement.

Download

Finders Agreement

A South African-law governed agreement establishing terms for intermediary services in identifying and introducing business opportunities, including compensation and compliance requirements.

Download

Mandate And Fee Agreement

A South African law-governed agreement establishing the terms, scope, and fee structure for professional services between a service provider and client.

Download

Introducer Fee Agreement

A South African law-governed agreement establishing terms for business introductions and referral fees, including regulatory compliance and payment terms.

Download

Flat Rate Agreement

A South African law-governed agreement establishing fixed-fee service arrangements between providers and clients, with defined scope and payment terms.

Download

Cost And Fee Contract

A South African law-governed Cost And Fee Contract establishing terms for cost recovery and fee calculation between contracting parties.

Download

Service Fee Agreement

A South African contract establishing terms and conditions for professional service delivery and associated fee arrangements between service providers and clients.

Download

International Master Fee Protection Agreement

South African-governed agreement establishing international fee protection mechanisms and compliance framework for cross-border fee management.

Download

Flat Fee Contract

A South African law-governed agreement establishing a fixed-price arrangement for specific services or deliverables, with defined scope and payment terms.

Download

Fixed Fee Agreement

A South African law-compliant agreement establishing fixed payment terms for specified services, with defined scope and deliverables.

Download

Commission Fee Agreement

A South African law-governed agreement establishing commission-based compensation terms between a principal and agent, outlining payment structures and mutual obligations.

Download

Client Fee Agreement

A South African law-governed agreement establishing professional service fees and payment terms, ensuring regulatory compliance and clear fee structures.

Download

Business Referral Fee Agreement

A South African law-governed agreement establishing terms for business referrals and associated fee arrangements between parties.

Download

Trustee Compensation Agreement

A South African law-governed agreement establishing compensation terms between a trust and its trustee(s), ensuring compliance with local trust legislation and fiduciary requirements.

Download

Trustee Fee Agreement

A South African law-governed agreement establishing trustee compensation terms and payment structures in compliance with local trust legislation.

Download

Travel Agent Service Fee Agreement

A South African law-governed agreement establishing terms and fee structures for travel agent services, ensuring compliance with local consumer protection and tourism regulations.

Download

Sales Commission Split Agreement

A South African law-governed agreement that establishes terms for splitting sales commissions between parties, including commission structures, payment terms, and party obligations.

Download

Monthly Retainer Fee Agreement

A South African law-governed agreement establishing terms for ongoing professional services provided on a monthly retainer basis.

Download

Property Finders Fee Agreement

A South African law-governed agreement establishing terms for property finder services and associated fee arrangements.

Download

Hourly Retainer Agreement

A South African law-governed agreement establishing professional services provision on an hourly rate basis with retained minimum commitment.

Download

Hourly Fee Agreement

South African hourly fee agreement template for establishing payment terms and service conditions in compliance with local labor laws.

Download

Finder's Fee Commission Agreement

A South African law-governed agreement establishing terms for compensating intermediaries who facilitate business introductions and opportunities, including commission structures and regulatory compliance requirements.

Download

Professional Fee Agreement

South African professional services agreement outlining service terms, fees, and obligations between service provider and client.

Download

Contingency Fee Retainer Agreement

A South African legal agreement establishing a contingency-based fee arrangement between attorneys and clients, governed by the Contingency Fees Act.

Download

Real Estate Finders Fee Agreement

A South African law-governed agreement establishing terms for property finding services and related success fees, compliant with local real estate regulations.

Download

Loan Origination Agreement

A South African law-governed agreement establishing terms and conditions for providing loan facilities, ensuring compliance with local banking and credit regulations.

Download

Fee Contract

A South African law-governed agreement establishing terms and conditions for professional services and associated fees.

Download

General Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services between a service provider and client.

Download

Construction Referral Fee Agreement

A South African law-governed agreement establishing terms and conditions for construction industry referral fee arrangements, including payment structures and compliance requirements.

Download

Software Referral Agreement

A South African law-governed agreement establishing terms for software product referrals between a provider and referral partner, including commission structures and compliance requirements.

Download

Non Refundable Retainer Agreement

A South African law-governed agreement establishing a non-refundable retainer arrangement between a service provider and client for ongoing professional services.

Download

Sourcing Fee Agreement

A South African law-governed agreement establishing terms and fee structures for sourcing and procurement services between an agent and client.

Download

Placement Fee Agreement

South African law-governed agreement between recruitment agencies and clients, establishing terms and fees for placement services.

Download

Intermediary Fee Agreement

A South African law-governed agreement establishing fee arrangements and service terms between financial service providers and their intermediaries, ensuring FAIS Act compliance.

Download

Facilitation Fee Agreement

A South African law-governed agreement establishing terms for business facilitation services, including fee structure and compliance requirements.

Download

Master Fee Protection Agreement

A South African law-governed agreement establishing the framework for protecting and managing advance fees or deposits, including mechanisms for securing funds and regulatory compliance.

Download

Conditional Fee Agreement

A South African law-compliant agreement establishing success-based legal fee arrangements between attorneys and clients, subject to the Contingency Fees Act.

Download

Monthly Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services provided on a monthly retainer basis.

Download
See more related templates

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