The Loan Servicing Agreement is essential when a loan owner wishes to outsource the administration and management of their loan portfolio to a specialized servicer. This document, governed by Singapore law, outlines the servicer's duties, including payment collection, borrower communication, default management, and compliance with local regulatory requirements. It's particularly relevant for financial institutions operating in Singapore's regulated banking sector and must align with MAS guidelines and the Banking Act.
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Key Requirements PROMPT example:
Loan Servicing Agreement
"Need a Loan Servicing Agreement for our Singapore subsidiary to appoint ABC Services Pte Ltd as servicer for our consumer loan portfolio of SGD 50 million, with special provisions for handling defaulted loans and requirements for monthly reporting."
1. Parties: Identification of the loan servicer and the loan owner/originator
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Scope of servicer's appointment and delegated authorities
5. Servicing Obligations: Core responsibilities and duties of the loan servicer including collection, payment processing, and reporting
6. Compliance Requirements: Obligations relating to regulatory compliance, AML/CFT requirements, and data protection
7. Fees and Expenses: Compensation structure and reimbursable expenses
8. Reporting Requirements: Regular reporting obligations and formats
9. Representations and Warranties: Standard representations and warranties from both parties
10. Term and Termination: Duration of agreement and termination provisions
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Confidentiality: Provisions regarding confidential information and banking secrecy
13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Special Servicing Provisions: Additional provisions for handling defaulted or non-performing loans
2. Sub-servicing: Terms and conditions for engaging sub-servicers
3. Securities Custody: Provisions for holding and maintaining loan security documents
4. Technology and Systems: Requirements for loan servicing systems and technology infrastructure
5. Business Continuity: Disaster recovery and business continuity requirements
1. Schedule 1 - Serviced Loans: Detailed list and characteristics of loan portfolio being serviced
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Performance metrics, service standards, and KPIs
4. Schedule 4 - Reporting Templates: Standard formats for required reports and notifications
5. Schedule 5 - Operating Procedures: Detailed procedures for loan servicing activities and workflows
6. Schedule 6 - Required Insurance: Insurance requirements and coverage details
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