The Small Loan Agreement is a essential legal document used in New Zealand for facilitating smaller lending transactions between parties. It is particularly relevant when individuals or businesses need to borrow modest amounts of money under formal terms. The agreement must comply with the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and related regulations, which set strict requirements for disclosure, fair dealing, and responsible lending. This document is commonly used by financial institutions, private lenders, and businesses, incorporating all necessary terms, conditions, and statutory requirements for a valid and enforceable loan agreement in New Zealand. It includes provisions for loan amount, interest calculations, repayment schedules, borrower obligations, and default scenarios, while ensuring consumer protection as required by New Zealand law.
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1. Parties: Identifies the lender and borrower with their full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount and approved purpose of the loan
5. Interest Rate: Details of the applicable interest rate, calculation method, and any variation mechanisms
6. Repayment Terms: Specifies payment amounts, frequency, and duration of repayments
7. Fees and Charges: Lists all applicable fees and charges as required by CCCFA
8. Default Interest and Charges: Specifies additional interest and charges applicable in case of default
9. Events of Default: Defines circumstances constituting default under the agreement
10. Borrower's Representations: Borrower's confirmations and warranties regarding their circumstances and ability to repay
11. General Terms: Standard contract terms including notices, amendments, and governing law
12. Execution: Signing provisions and date of agreement
1. Security: 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 specific insurance must be maintained for secured assets
4. Early Repayment: Include if early repayment is permitted with specific terms
5. Direct Debit Authority: Include if automatic payments are being set up
6. Statement of Right to Cancel: Required for consumer credit contracts under CCCFA
1. Schedule 1 - Loan Terms Summary: Key information as required by CCCFA including amounts, rates, and payment schedule
2. Schedule 2 - Repayment Schedule: Detailed breakdown of repayment amounts and dates
3. Schedule 3 - Fee Schedule: Comprehensive list of all fees and charges
4. Appendix A - Direct Debit Form: Standard direct debit authority form if applicable
5. Appendix B - Right to Cancel Notice: Statutory notice of right to cancel for consumer credit contracts
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