The Cash Advance Loan Agreement is a critical legal instrument used in the Indian financial sector for documenting short-term lending arrangements. This document is essential when a lender provides immediate funding to a borrower, typically for urgent financial needs or working capital requirements. The agreement must comply with various Indian regulatory requirements, including the Reserve Bank of India guidelines, state-specific money lending laws, and the Indian Contract Act, 1872. It includes detailed provisions for loan amount, interest calculation, repayment terms, borrower obligations, and default consequences. The document is particularly relevant in today's digital lending landscape while maintaining traditional lending safeguards and regulatory compliance requirements.
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1. Parties: Identifies and provides full details of the lender and borrower, including registration/identification numbers and addresses
2. Background: Brief context of the loan arrangement and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Amount and Purpose: Specifies the principal amount being advanced and its intended use
5. Interest Rate and Charges: Details the applicable interest rate, calculation method, and any additional charges or fees
6. Disbursement: Terms and conditions for disbursement of the loan amount
7. Repayment Terms: Specifies repayment schedule, method of payment, and prepayment provisions
8. Representations and Warranties: Statements of fact and assurances made by the borrower
9. Borrower Covenants: Ongoing obligations and restrictions on the borrower during the loan term
10. Events of Default: Lists circumstances constituting default and consequences thereof
11. Remedies: Lender's rights and remedies in case of default
12. Notices: Procedure for serving notices between parties
13. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction
14. Miscellaneous: Standard boilerplate provisions including assignment, amendments, and severability
1. Security: Include when the loan is secured by any assets or collateral
2. Guarantor Provisions: Required when a third party is guaranteeing the loan
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Special Conditions: For any unique terms specific to the particular loan arrangement
5. Electronic Transaction Terms: Include when the loan involves digital disbursement or repayment mechanisms
6. Direct Debit Authorization: Include when automatic repayment from borrower's account is required
7. Co-Borrower Provisions: Required when there are multiple borrowers
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rate, tenure, and repayment schedule
2. Schedule 2 - Fee Schedule: Comprehensive list of all applicable fees and charges
3. Schedule 3 - Disbursement Instructions: Bank account details and disbursement specifications
4. Schedule 4 - KYC Documents: List of identity and address proof documents provided by borrower
5. Schedule 5 - Security Details: Description of security/collateral if applicable
6. Appendix A - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
7. Appendix B - Standard Forms: Templates for notices, prepayment requests, and other standard communications
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