This Online Loan Agreement template is designed for financial institutions and lenders operating in New Zealand's digital lending space. It serves as a legally compliant framework for documenting loan arrangements executed through online channels, incorporating all requirements under the Credit Contracts and Consumer Finance Act 2003, Electronic Transactions Act 2002, and other relevant New Zealand legislation. The agreement is particularly suited for personal loans, consumer credit, and small business lending where the entire application and acceptance process occurs online. It includes mandatory disclosure statements, responsible lending assessments, and electronic execution provisions, making it appropriate for both traditional lenders and fintech companies operating in the New Zealand market.
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1. Parties: Identification of lender and borrower, including full legal names, addresses, and registration details for the lender
2. Background: Context of the loan agreement and confirmation that it will be executed electronically
3. Definitions: Key terms used throughout the agreement, including financial and technical terms
4. Loan Details: Principal amount, interest rate, term, and purpose of the loan
5. Interest and Fees: Interest calculation method, applicable fees, and total cost of credit
6. Repayment Terms: Payment schedule, payment methods, and early repayment provisions
7. Default and Enforcement: Events of default, consequences, and enforcement procedures
8. Borrower's Declarations: Borrower's confirmations and warranties regarding their financial situation and information provided
9. Electronic Transactions: Consent to electronic communications and execution
10. Privacy and Information Sharing: How personal information will be collected, used, and disclosed
11. General Provisions: Assignment, amendments, governing law, and dispute resolution
1. Security Arrangements: Required if the loan is secured against any assets
2. Guarantor Provisions: Required if there is a guarantor for the loan
3. Insurance Requirements: Required if insurance is mandatory for the loan
4. Direct Debit Authority: Optional section for automatic payment setup
5. Specific Purpose Provisions: Required for special purpose loans with specific conditions
6. Joint Borrower Provisions: Required when there are multiple borrowers
7. Hardship Provisions: Optional detailed section about hardship applications and processes
1. Schedule 1 - Initial Disclosure Statement: Mandatory CCCFA disclosure information including all fees, charges, and interest calculations
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment dates and amounts
3. Schedule 3 - Fee Schedule: Comprehensive list of all fees and charges that may apply
4. Schedule 4 - Direct Debit Terms: Terms and conditions for direct debit arrangements if applicable
5. Appendix A - Right to Cancel: Mandatory information about the borrower's right to cancel within the cooling-off period
6. Appendix B - Hardship Application Process: Details of how to apply for hardship variation and the process involved
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