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Running Account Credit Agreement Template for South Africa

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Key Requirements PROMPT example:

Running Account Credit Agreement

"I need a Running Account Credit Agreement for my retail business that offers store credit up to R50,000, with a rewards program feature and the ability to add additional cardholders; the agreement should be compliant with South African law and ready for implementation by March 2025."

Document background
The Running Account Credit Agreement is a fundamental document used in South African credit arrangements where ongoing credit facilities are required. It establishes a revolving credit relationship between credit providers and consumers, allowing for multiple transactions within a pre-approved credit limit. This agreement type is essential for businesses offering store accounts, credit cards, or flexible credit facilities. The document must comply with the National Credit Act 34 of 2005, which mandates specific disclosures, interest rate caps, and consumer protection provisions. It includes comprehensive details about credit limits, interest calculations, repayment terms, and default procedures, while also ensuring compliance with other relevant legislation such as POPIA for data protection and FICA for anti-money laundering requirements. The agreement is particularly relevant in retail and financial services sectors where ongoing credit relationships need to be formally documented and regulated.
Suggested Sections

1. Parties: Identification of the credit provider and the consumer, including registration numbers and contact details

2. Background: Context of the agreement and relationship between the parties

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

4. Credit Facility: Details of the running account credit facility including credit limit and purpose

5. Pre-agreement Disclosure: Mandatory NCA disclosures including principal debt, interest rate, and all fees and charges

6. Credit Assessment and Limit: Process for credit assessment and determination of credit limit

7. Interest and Fees: Calculation and charging of interest, service fees, initiation fees, and other charges

8. Statements and Payments: Requirements for monthly statements and payment terms

9. Rights and Obligations: Key rights and obligations of both parties under the agreement

10. Default and Enforcement: Consequences of default and enforcement procedures

11. Duration and Termination: Term of the agreement and termination provisions

12. Communication: Methods and requirements for formal communications between parties

13. Personal Information: Treatment of personal information in compliance with POPIA

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Credit Insurance: Required if credit insurance is mandatory or offered as part of the agreement

2. Card Terms: Required if a credit card is issued as part of the running account facility

3. Rewards Program: Include if the credit facility includes a rewards or loyalty program

4. Additional Card Holders: Required if the agreement allows for additional cards to be issued

5. Automatic Payment Instructions: Include if debit order or automatic payment arrangements are available

6. Business Use: Required if the facility can be used for business purposes

7. Foreign Transactions: Include if the facility can be used for international transactions

Suggested Schedules

1. Schedule 1: Cost of Credit: Detailed breakdown of interest rates, fees, and charges

2. Schedule 2: Credit Limit Calculation: Methodology for calculating and reviewing credit limits

3. Schedule 3: Payment Schedule: Details of minimum payment calculations and payment dates

4. Schedule 4: Insurance Terms: Details of any mandatory or optional credit insurance

5. Appendix A: Application Form: Copy of the consumer's completed application form

6. Appendix B: Pre-agreement Quote: Mandatory pre-agreement statement and quotation as required by the NCA

7. Appendix C: Card Terms and Conditions: Specific terms relating to card usage 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

































Relevant Industries

Financial Services

Retail

Banking

Insurance

E-commerce

General Commerce

Consumer Goods

Department Stores

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Customer Service

Collections

Finance

Retail Operations

Data Protection

Commercial Operations

Account Management

Relevant Roles

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Financial Director

Retail Operations Manager

Customer Service Manager

Credit Collections Manager

Data Protection Officer

Finance Manager

Commercial Director

Store Manager

Account Manager

Credit Analyst

Operations Director

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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