The Loan Contract With Collateral is a fundamental financing document used in Australian lending transactions where a loan is secured by specific assets or property. This document is essential when a lender requires security for their loan, whether in business financing or consumer lending contexts. It must comply with Australian legislation, particularly the Personal Property Securities Act 2009 (PPSA) for registering security interests and the National Consumer Credit Protection Act 2009 for consumer loans. The agreement is suitable for various lending scenarios, from business equipment financing to property-secured personal loans, and includes comprehensive provisions for the creation and enforcement of security interests, borrower obligations, and lender's rights. Its use is particularly important in risk-managed lending operations where the lender requires a registered security interest in specific collateral as protection against default.
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1. Parties: Identifies and details the lender and borrower with full legal names and addresses
2. Background: Explains the context of the loan and the parties' intention to enter into the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets rules for interpretation
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved purpose
5. Interest and Fees: Details the interest rate, calculation method, and any applicable fees
6. Repayment Terms: Specifies payment schedule, amounts, and method of payment
7. Security and Collateral: Describes the collateral provided and creates the security interest
8. Borrower's Representations and Warranties: States the borrower's declarations regarding their capacity and the collateral
9. Borrower's Obligations: Lists ongoing obligations including maintenance of collateral and insurance
10. Events of Default: Defines circumstances constituting default and consequences
11. Enforcement Rights: Details the lender's rights and remedies upon default
12. General Provisions: Contains standard clauses including notices, amendments, governing law, and jurisdiction
1. Guarantor Provisions: Required when there is a guarantor securing the loan obligations
2. Company Provisions: Additional provisions required when the borrower is a company
3. Multiple Borrower Provisions: Required when there are joint borrowers, defining joint and several liability
4. Early Repayment: Details early repayment options and any associated fees or penalties
5. Redraw Facility: Terms for any redraw facility on advance payments
6. Special Conditions: Any unique terms specific to the particular loan arrangement
7. Insurance Requirements: Detailed insurance obligations for high-value collateral
8. Cross-Collateralization: Required when collateral secures multiple loans
1. Schedule 1 - Loan Details: Key financial terms including loan amount, interest rate, fees, and payment schedule
2. Schedule 2 - Collateral Description: Detailed description of the collateral including serial numbers, registration details, and location
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
4. Schedule 4 - Fee Schedule: Comprehensive list of all applicable fees and charges
5. Schedule 5 - Insurance Requirements: Specific insurance requirements for the collateral
6. Appendix A - Direct Debit Request: Form for setting up automatic payment arrangements
7. Appendix B - Guarantee and Indemnity: Required when there is a guarantor, containing full terms of the guarantee
8. Appendix C - Privacy Consent: Required privacy acknowledgments and consents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Asset Finance
Equipment Leasing
Manufacturing
Agriculture
Construction
Small Business
Retail
Professional Services
Transport and Logistics
Relevant Teams
Legal
Credit Risk
Compliance
Commercial Banking
Retail Banking
Collections
Security Administration
Documentation
Operations
Account Management
Risk Management
Customer Service
Relevant Roles
Credit Manager
Loan Officer
Commercial Banking Manager
Risk Manager
Legal Counsel
Compliance Officer
Credit Analyst
Financial Controller
Business Development Manager
Account Manager
Collections Manager
Security Registration Officer
Credit Risk Officer
Documentation Specialist
Relationship Manager
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