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Revolving Credit Promissory Note for South Africa

Revolving Credit Promissory Note Template for South Africa

A Revolving Credit Promissory Note is a legally binding financial instrument used in South Africa that combines elements of a traditional promissory note with a revolving credit facility. The document is governed by South African law, particularly the National Credit Act and Bills of Exchange Act, and establishes a commitment by the borrower to repay funds drawn under a revolving credit facility. It details the credit limit, interest calculations, repayment terms, and draw-down procedures, while providing flexibility for multiple advances and repayments within the specified credit limit. The document includes essential provisions for compliance with South African banking and credit regulations, including consumer protection requirements.

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What is a Revolving Credit Promissory Note?

The Revolving Credit Promissory Note is a sophisticated financial instrument used in South African business and lending practices when parties wish to establish a flexible borrowing arrangement with multiple draw-downs and repayments. This document is particularly useful for businesses requiring ongoing access to credit, such as working capital financing or trade finance. The document must comply with South African legislation, including the National Credit Act 34 of 2005 and the Bills of Exchange Act 34 of 1964, while incorporating specific terms for the revolving nature of the facility. It includes comprehensive details about credit limits, interest calculations, repayment schedules, and draw-down procedures, making it suitable for both corporate and commercial lending arrangements. The document provides security for the lender while offering flexibility to the borrower, and can be adapted to various business needs while maintaining its essential legal characteristics.

What sections should be included in a Revolving Credit Promissory Note?

1. Parties: Identification of the Lender (Payee) and Borrower (Maker) with full legal names and details

2. Background: Context of the revolving credit facility and purpose of the promissory note

3. Definitions: Key terms used in the document including Credit Limit, Interest Rate, Payment Date, and Revolving Nature of the facility

4. Promise to Pay: Unconditional promise by the Borrower to pay the principal amount and interest

5. Credit Facility Terms: Details of the revolving credit facility including credit limit and availability period

6. Interest Rate and Calculations: Specification of interest rate, calculation method, and payment frequency

7. Repayment Terms: Payment schedule, minimum payments, and method of payment

8. Draw Down Provisions: Process and conditions for requesting and receiving advances under the facility

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

10. Representations and Warranties: Standard declarations about the Borrower's capacity and authority

11. Governing Law: Specification of South African law as governing law

12. Signature: Execution blocks for all parties

What sections are optional to include in a Revolving Credit Promissory Note?

1. Security: Include when the note is secured by collateral or guarantees

2. Insurance Requirements: Include when insurance is required to secure the credit facility

3. Assignment: Include when transfer rights need to be specified or restricted

4. Prepayment Terms: Include when early repayment options and penalties need to be specified

5. Co-signer Provisions: Include when there is a co-signer or guarantor

6. Default Interest: Include when a different interest rate applies after default

7. Acceleration Clause: Include when immediate repayment can be demanded under specific circumstances

What schedules should be included in a Revolving Credit Promissory Note?

1. Repayment Schedule: Detailed schedule of minimum payments and due dates

2. Draw Down Procedures: Specific procedures and forms for requesting advances

3. Interest Rate Calculation Examples: Examples showing how interest is calculated

4. Security Details: Description of any collateral or security provided

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

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Financial Services

Banking

Commercial Lending

Retail

Manufacturing

Real Estate

Construction

Agriculture

Mining

Technology

Professional Services

Healthcare

Hospitality

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Commercial

Business Development

Operations

Corporate Banking

Account Management

Relevant Roles

Chief Financial Officer

Financial Director

Credit Manager

Legal Counsel

Corporate Lawyer

Finance Manager

Treasury Manager

Risk Manager

Commercial Director

Business Development Manager

Compliance Officer

Account Manager

Credit Analyst

Financial Controller

Banking Relationship Manager

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

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