The Small Credit Agreement is designed for use in Australian consumer lending contexts where credit providers extend smaller amounts of credit to individual borrowers. This document is specifically structured to comply with the National Consumer Credit Protection Act 2009 and the National Credit Code, incorporating all mandatory disclosure requirements and consumer protections. It is particularly suitable for personal loans, small consumer credit facilities, and similar credit arrangements where the credit amount is relatively modest. The agreement includes all essential elements required by Australian law, including clear disclosure of financial terms, borrower rights, and credit provider obligations. It is designed to be both legally robust and consumer-friendly, making it suitable for regular use in retail banking and consumer finance operations while ensuring regulatory compliance.
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1. Parties: Identification of the credit provider and borrower, including full legal names, addresses, and ABN/ACN where applicable
2. Background: Context of the credit arrangement and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. The Credit: Details of the credit amount, purpose, and drawdown arrangements
5. Interest: Interest rate, calculation method, and payment terms as required by the National Credit Code
6. Repayment Terms: Repayment schedule, amounts, frequency, and payment methods
7. Fees and Charges: All applicable fees and charges, including establishment fees, monthly fees, and late payment fees
8. Security: Details of any security provided for the credit
9. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial situation and ability to repay
10. Default and Enforcement: Events of default and the credit provider's enforcement rights
11. Termination: Circumstances and process for terminating the agreement
12. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Guarantor Provisions: Required when a guarantor is providing additional security for the credit
2. Insurance Requirements: Included when specific insurance coverage is required as a condition of the credit
3. Direct Debit Authority: Include when automatic payments are being established
4. Special Conditions: For any non-standard terms specific to the particular credit arrangement
5. Early Repayment: Details of early repayment options and any associated fees or calculations
6. Co-borrower Provisions: Required when there are multiple borrowers
1. Schedule 1 - Credit Details: Key financial information including amount, term, interest rate, and payment schedule
2. Schedule 2 - Fees and Charges: Detailed breakdown of all fees and charges applicable to the credit
3. Schedule 3 - Direct Debit Request: Direct debit authorization form and terms
4. Schedule 4 - Security Details: Description of any security provided for the credit
5. Appendix A - Information Statement: Mandatory information statement required under the National Credit Code
6. Appendix B - Key Facts Sheet: Summary of key information about the credit contract as required by regulations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Consumer Finance
Retail Banking
Microfinance
Small Business Lending
Personal Banking
Consumer Credit
Alternative Lending
Relevant Teams
Legal
Compliance
Credit Operations
Risk Management
Retail Banking
Consumer Lending
Document Processing
Credit Assessment
Customer Service
Branch Operations
Relevant Roles
Credit Manager
Loan Officer
Compliance Officer
Legal Counsel
Credit Risk Analyst
Retail Banking Manager
Consumer Lending Specialist
Credit Assessment Officer
Customer Service Representative
Branch Manager
Financial Services Manager
Credit Operations Manager
Lending Operations Officer
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