The Borrowing Form serves as a foundational document for lending transactions in Canada, designed to comply with federal and provincial lending regulations. This document is essential when establishing formal borrowing arrangements, whether for personal, commercial, or corporate purposes. The form incorporates mandatory elements required by Canadian lending laws, including interest rate disclosure, cost of borrowing details, and security provisions where applicable. It is structured to protect both lender and borrower interests while ensuring compliance with the Criminal Interest Rate provisions, provincial consumer protection legislation, and where relevant, the Personal Property Security Act. The Borrowing Form can be customized for various lending scenarios while maintaining its core regulatory compliance features.
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1. Parties: Identifies the lender and borrower with their full legal names and addresses
2. Background: Brief context explaining the purpose of the loan and relationship between parties
3. Definitions: Defines key terms used throughout the document
4. Loan Amount and Purpose: Specifies the principal amount being borrowed and its intended use
5. Interest Rate: Details the applicable interest rate, calculation method, and compounding frequency
6. Repayment Terms: Outlines payment schedule, amounts, and methods of payment
7. Term and Maturity: Specifies the duration of the loan and maturity date
8. Representations and Warranties: Borrower's confirmations regarding their financial status and ability to repay
9. Events of Default: Defines circumstances that constitute default and consequences
10. Notice Requirements: Specifies how and where formal notices must be delivered
11. Governing Law: Confirms the agreement is governed by Canadian law and specifies the applicable province
1. Security: Include when the loan is secured by any assets or collateral
2. Guarantor Provisions: Include when there is a guarantor for the loan
3. Insurance Requirements: Include when insurance must be maintained on collateral
4. Prepayment Terms: Include when early repayment is permitted with specific terms
5. Late Payment Penalties: Include when specific penalties apply for late payments
6. Assignment Rights: Include when either party may assign their rights under the agreement
7. Co-Borrower Provisions: Include when there are multiple borrowers
8. Electronic Communications Consent: Include when parties agree to receive notices electronically
1. Schedule A - Payment Schedule: Detailed amortization schedule showing payment dates and amounts
2. Schedule B - Security Description: Detailed description of any collateral securing the loan
3. Schedule C - Cost of Borrowing Disclosure: Detailed breakdown of all costs associated with the loan as required by law
4. Schedule D - Insurance Requirements: Specific insurance requirements for secured assets
5. Appendix 1 - Calculation of Interest: Examples of interest calculations and adjustment mechanisms
6. Appendix 2 - Required Documentation: List of documents required from borrower
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