The Trust Loan Agreement is essential when an Indian trust seeks to obtain financing from a lender, whether for operational needs, asset acquisition, or specific trust purposes. This document type is commonly used by various trusts including charitable, educational, religious, and family trusts operating under Indian jurisdiction. The agreement must comply with the Indian Trusts Act, 1882, the Indian Contract Act, 1872, and relevant Reserve Bank of India guidelines. It typically includes detailed provisions on loan amount, purpose, repayment terms, trustee obligations, security arrangements, and compliance requirements. The document serves to protect both the lender's interests and ensure the trust's borrowing activities align with its trust deed and applicable regulations.
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1. Parties: Identifies the trust (borrower), trustees, and lender with their full legal details
2. Background: Explains the trust's purpose, authority to borrow, and the context of the loan requirement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Loan Amount and Purpose: Specifies the loan amount, currency, and permitted purpose of the loan
5. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed
6. Drawdown and Disbursement: Details the mechanism and process for loan disbursement
7. Interest: Specifies interest rate, calculation method, and payment frequency
8. Repayment Terms: Details the repayment schedule, prepayment provisions, and payment mechanics
9. Representations and Warranties: States the trust's and trustees' representations regarding their status and capacity
10. Covenants: Lists positive and negative obligations of the trust during the loan period
11. Events of Default: Defines circumstances constituting default and consequences
12. Indemnification: Outlines the trust's obligations to indemnify the lender
13. Notices: Specifies how formal communications between parties should be made
14. Governing Law and Jurisdiction: Confirms Indian law as governing law and specifies jurisdiction for disputes
15. Miscellaneous: Contains standard boilerplate provisions including amendments, waivers, and severability
1. Security: Include when the loan is secured by trust assets or third-party security
2. Guarantees: Include when there are personal or corporate guarantors for the loan
3. Insurance: Include when specific insurance requirements are imposed on trust assets
4. Special Conditions: Include when there are unique requirements specific to the trust or loan purpose
5. Trust Beneficiary Acknowledgment: Include when beneficiary confirmation is required for the loan
6. Co-Trustee Provisions: Include when there are multiple trustees with specific roles and responsibilities
7. Trust Asset Management: Include when specific provisions are needed for managing trust assets during loan period
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - Trust Details: Copy or extract of trust deed showing borrowing powers and trustee authorities
3. Schedule 3 - Conditions Precedent Documents: List of all required documents and conditions to be satisfied
4. Schedule 4 - Drawdown Notice Format: Template for drawdown requests
5. Schedule 5 - Security Details: Description of any security or charged assets (if applicable)
6. Schedule 6 - Compliance Certificate: Format for periodic compliance certification by trustees
7. Appendix A - Trust Resolution: Copy of trust resolution authorizing the loan
8. Appendix B - KYC Documents: Copies of required Know Your Customer documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Trust and Estate Management
Charitable Organizations
Education (Educational Trusts)
Healthcare (Medical Trusts)
Religious Institutions
Real Estate
Family Office Services
Wealth Management
Non-Profit Organizations
Relevant Teams
Legal
Finance
Trust Administration
Compliance
Credit Risk
Wealth Management
Loan Operations
Documentation
Risk Management
Corporate Secretarial
Relevant Roles
Trust Administrator
Legal Counsel
Finance Manager
Trust Manager
Compliance Officer
Relationship Manager
Credit Risk Manager
Trust Operations Manager
Loan Officer
Documentation Specialist
Wealth Manager
Trust Account Manager
Financial Controller
Company Secretary
Risk Assessment Officer
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