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Loan Facility Letter for Malta

Loan Facility Letter Template for Malta

A Loan Facility Letter governed by Maltese law is a formal document issued by a bank or financial institution to a borrower, outlining the terms and conditions of a loan facility. The document complies with Malta's Banking Act (Chapter 371) and Financial Institutions Act (Chapter 376), incorporating necessary consumer protection provisions where applicable. It details the facility amount, interest rates, repayment terms, security requirements, conditions precedent, and events of default, while ensuring compliance with Maltese banking regulations and civil law requirements. The letter serves as both an offer of facility and, upon acceptance, a binding agreement between the parties.

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What is a Loan Facility Letter?

A Loan Facility Letter is a fundamental banking document used when a financial institution extends credit to a borrower in Malta. It serves as both an offer letter and, upon acceptance, the primary agreement governing the loan relationship. The document must comply with Malta's robust financial services regulatory framework, including the Banking Act and Financial Institutions Act, while also adhering to civil law requirements and consumer protection regulations where applicable. The letter typically includes essential terms such as facility amount, interest rates, repayment schedule, security requirements, and conditions precedent. It's particularly important in the Maltese context due to the jurisdiction's specific requirements for documentation of financial arrangements and its growing role as a financial services hub in the European Union.

What sections should be included in a Loan Facility Letter?

1. Letter Header: Bank's letterhead, date, reference number, and addressee details

2. Salutation: Formal greeting to the borrower

3. Facility Overview: Brief introduction stating the bank's offer to provide the facility

4. Facility Amount and Type: Clear statement of the loan amount and type of facility being offered

5. Interest Rate and Fees: Detailed breakdown of interest rate, calculation method, and all applicable fees

6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions

7. Security Requirements: Details of any required security or guarantees

8. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

9. Representations and Warranties: Standard declarations required from the borrower

10. Covenants: Ongoing obligations of the borrower during the facility term

11. Events of Default: Circumstances that would trigger default and bank's remedies

12. Acceptance: Instructions for accepting the facility offer and signature blocks

What sections are optional to include in a Loan Facility Letter?

1. Purpose of Facility: Required when the loan must be used for a specific purpose

2. Facility Review: Include for facilities with periodic review requirements

3. Insurance Requirements: Required when specific insurance coverage must be maintained

4. Cross-Default Provisions: Include when the borrower has other facilities with the bank

5. Tax Provisions: Required for large commercial facilities or when tax implications need clarification

6. Assignment and Transfer: Include for larger facilities that may be syndicated or transferred

7. Regulatory Compliance: Required for regulated borrowers or specific industry requirements

What schedules should be included in a Loan Facility Letter?

1. Schedule 1 - Definitions: Detailed definitions of terms used in the facility letter

2. Schedule 2 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

3. Schedule 3 - Fee Schedule: Comprehensive list of all applicable fees and charges

4. Schedule 4 - Conditions Precedent Checklist: Detailed list of required documents and conditions

5. Schedule 5 - Security Details: Specific requirements and forms for security documentation

6. Appendix A - Standard Terms and Conditions: Bank's standard terms and conditions for facilities

7. Appendix B - Direct Debit Mandate: Form for setting up automatic payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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