The Student Loan Agreement is a crucial document used in South Africa when a financial institution provides funding for educational purposes. It serves as the primary legal instrument governing the relationship between the lender and the student borrower, ensuring compliance with the National Credit Act 34 of 2005, the Consumer Protection Act, and other relevant South African legislation. The agreement typically covers loan amount, disbursement procedures, interest calculations, repayment terms, and academic requirements. It may include provisions for guarantors, special repayment arrangements, and specific obligations regarding academic progress. This document is essential for both private and institutional lenders providing educational financing in South Africa, and it must incorporate consumer protection measures while maintaining the lender's security interests.
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1. Parties: Identification of the Lender and the Student (Borrower), including full legal names, identification numbers, and contact details
2. Background: Context of the agreement, including the purpose of the loan for educational purposes and brief description of the educational program
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent to disbursement
5. Interest Rate and Fees: Details of the interest rate, calculation method, and any additional fees or charges
6. Disbursement Terms: Conditions and process for disbursement of the loan, including payment to educational institution if applicable
7. Repayment Terms: Repayment schedule, payment methods, and conditions including grace period and repayment start date
8. Early Repayment: Terms and conditions for early repayment or settlement of the loan
9. Default and Remedies: Consequences of default and remedies available to the lender
10. Representations and Warranties: Statements of fact and promises made by the borrower regarding their capacity and circumstances
11. Student's Obligations: Ongoing obligations of the student, including academic progress requirements and notification duties
12. Information and Documentation: Requirements for providing ongoing information and supporting documentation
13. General Provisions: Standard legal provisions including notices, amendments, governing law, and jurisdiction
1. Guarantor Provisions: Terms applicable when a third party guarantees the loan, including guarantor's obligations and rights
2. Insurance Requirements: Terms regarding mandatory life or study insurance, if required by the lender
3. Special Repayment Arrangements: Additional terms for income-contingent repayment or other special repayment structures
4. Security Provisions: Terms applicable when any form of security is provided for the loan
5. Death and Disability Provisions: Special provisions regarding loan treatment in case of death or disability
6. Study Duration Extensions: Terms governing extension of the loan period if studies are extended
7. International Study Provisions: Additional terms for students studying abroad or international students
1. Schedule 1: Loan Details: Detailed breakdown of loan amount, interest rate, fees, and repayment schedule
2. Schedule 2: Course Details: Information about the educational program, institution, and expected duration
3. Schedule 3: Disbursement Schedule: Detailed schedule of loan disbursements including dates and conditions
4. Schedule 4: Fee Structure: Comprehensive breakdown of all fees, charges, and interest calculations
5. Appendix A: Required Documents: List of all documents required from the student during the loan period
6. Appendix B: Compliance Certificate: Template for regular academic progress certification
7. Appendix C: Payment Instructions: Detailed payment procedures and banking details
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