The Cash Advance Loan Agreement is designed for use in South Africa by registered credit providers offering short-term financing solutions. This document template ensures compliance with the National Credit Act 34 of 2005 and other relevant financial services legislation. It is suitable for both individual and business borrowers, incorporating mandatory consumer protection provisions, interest rate caps, and fee structures as prescribed by law. The agreement includes comprehensive sections covering loan terms, repayment schedules, borrower obligations, and default provisions. It is particularly useful for situations requiring quick access to funds with structured repayment terms, while maintaining all necessary legal and regulatory safeguards.
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1. Parties: Identification of the Lender and Borrower with full legal names, registration/identity numbers, and addresses
2. Background: Brief context of the agreement 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 and its intended use
5. Interest Rate and Fees: Details of the interest rate, initiation fees, and service fees in compliance with NCA regulations
6. Repayment Terms: Repayment schedule, method of payment, and payment dates
7. Conditions Precedent: Conditions that must be met before the loan becomes effective
8. Representations and Warranties: Borrower's declarations regarding their financial status and ability to repay
9. Events of Default: Circumstances constituting default and consequences thereof
10. Rights and Obligations: Detailed rights and obligations of both parties
11. Legal Compliance: Statements ensuring compliance with National Credit Act and other relevant legislation
12. General Terms: Standard contractual provisions including notices, amendments, and governing law
1. Security Provisions: Used when the loan is secured by any form of collateral
2. Early Repayment Terms: Include when early repayment options are offered
3. Insurance Requirements: Used when credit life insurance or other insurance is required
4. Co-signer Provisions: Include when there is a guarantor or co-signer for the loan
5. Direct Debit Authorization: Used when automatic payment arrangements are established
6. Credit Bureau Reporting: Detailed terms about credit information reporting when specific arrangements apply
1. Schedule A - Loan Details: Detailed breakdown of loan amount, fees, interest, and total cost of credit
2. Schedule B - Repayment Schedule: Detailed amortization schedule showing all payments and dates
3. Schedule C - Fee Structure: Comprehensive breakdown of all applicable fees and charges
4. Schedule D - Required Documents: List of documents required from the borrower
5. Appendix 1 - Statutory Disclosure: Mandatory disclosures required under the National Credit Act
6. Appendix 2 - Direct Debit Form: Standard form for direct debit authorization if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Microfinance
Consumer Credit
Retail Banking
Business Banking
Alternative Lending
Small Business Finance
Relevant Teams
Legal
Compliance
Credit
Risk Management
Operations
Customer Service
Collections
Business Development
Finance
Administration
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Compliance Officer
Risk Manager
Financial Advisor
Branch Manager
Credit Analyst
Operations Manager
Collections Manager
Customer Service Representative
Business Development Manager
Finance Director
Chief Financial Officer
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