The Loan Agreement Document is a crucial legal instrument used in New Zealand's financial landscape for documenting lending arrangements between parties. It serves as the primary contract detailing the terms and conditions of financial lending, whether for personal, commercial, or corporate purposes. The document must comply with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003 (CCCFA), Contract and Commercial Law Act 2017, and relevant financial services legislation. This agreement is essential for protecting both lender and borrower interests, ensuring transparency in financial obligations, and maintaining compliance with New Zealand's consumer protection requirements. It includes comprehensive details about loan terms, interest calculations, repayment schedules, security arrangements, and default provisions, while incorporating necessary disclosures and fair trading practices mandated by New Zealand law.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent to drawdown
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions
7. Fees and Charges: Breakdown of all applicable fees and charges as required by CCCFA
8. Events of Default: Circumstances constituting default and consequences
9. Representations and Warranties: Standard declarations by borrower regarding their capacity and financial situation
10. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Security: Required for secured loans - details of assets provided as security
2. Guarantees: Required when third-party guarantors are involved
3. Insurance Requirements: Required when specific insurance coverage is mandatory
4. Special Conditions: For loans with unique terms or requirements
5. Financial Covenants: For commercial loans requiring ongoing financial performance metrics
6. Draw Down Conditions: For loans with multiple draw down periods or special conditions
7. Early Repayment: Detailed terms for early repayment when permitted
8. Assignment and Transfer: Required when transfer rights are important to either party
1. Schedule 1 - Loan Details: Key financial terms including amount, interest rate, and payment dates
2. Schedule 2 - Repayment Schedule: Detailed amortization table or payment schedule
3. Schedule 3 - Fees Schedule: Comprehensive list of all fees and charges
4. Schedule 4 - Security Details: Description of security assets and registration details (for secured loans)
5. Schedule 5 - Special Conditions: Any special terms or conditions specific to this loan
6. Appendix A - Disclosure Statement: Initial disclosure statement as required by CCCFA
7. Appendix B - Direct Debit Authority: Direct debit setup forms if applicable
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