The Repayment Contract Agreement is a crucial legal instrument used in New Zealand when formalizing arrangements for debt repayment between parties. It is commonly employed when restructuring existing debt, establishing payment plans for outstanding amounts, or documenting new lending arrangements. The document must comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003 and the Fair Trading Act 1986. It typically includes essential details such as the principal amount, interest rates, payment schedule, default provisions, and any security arrangements. This agreement type is particularly important for protecting both creditors' and debtors' interests by providing clear terms and conditions, enforcement mechanisms, and dispute resolution procedures. It can be used in various contexts, from personal loans to business debt restructuring, and may include provisions for guarantors or security interests when applicable.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Explains the context of the debt, how it arose, and the parties' intention to enter into a repayment arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Amount Owed: Clearly states the total amount owed, including any interest or fees already accrued
5. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and method of payment
6. Interest and Fees: Specifies any ongoing interest rates, late payment fees, or administrative charges
7. Default and Consequences: Defines what constitutes default and the consequences, including acceleration of debt
8. Representations and Warranties: States the representations made by both parties regarding their capacity and authority
9. General Provisions: Contains standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Security Interest: Include when the repayment is secured against specific assets or property
2. Guarantor Provisions: Required when a third party is guaranteeing the repayment obligations
3. Early Repayment: Include when early repayment options are available, including any associated fees or discounts
4. Insurance Requirements: Include when insurance must be maintained on secured assets
5. Financial Covenants: Include for business borrowers where ongoing financial requirements must be met
6. Debt Consolidation Terms: Include when the repayment agreement consolidates multiple existing debts
7. Hardship Provisions: Include specific provisions for handling financial hardship situations
1. Schedule 1 - Repayment Schedule: Detailed breakdown of payment dates, amounts, and running balance
2. Schedule 2 - Secured Assets: Description and details of any assets provided as security
3. Schedule 3 - Existing Debt Details: Breakdown of the debt components being repaid, including original amounts and accrued interest
4. Appendix A - Direct Debit Authority: Form for setting up automatic payments if applicable
5. Appendix B - Guarantee Form: Standard form of guarantee when guarantors are involved
6. Appendix C - Financial Statement: Current financial position of the debtor if relevant to the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Credit Unions
Debt Collection
Legal Services
Real Estate
Construction
Retail
Manufacturing
Professional Services
Small Business
Relevant Teams
Legal
Finance
Credit Control
Collections
Risk Management
Compliance
Treasury
Corporate Affairs
Business Development
Account Management
Relevant Roles
Credit Manager
Financial Controller
Chief Financial Officer
Legal Counsel
Debt Recovery Officer
Collections Manager
Account Manager
Risk Manager
Compliance Officer
Finance Director
Corporate Lawyer
Credit Analyst
Treasury Manager
Loan Officer
Business Development Manager
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