Business Finance Agreement for Australia

Business Finance Agreement Template for Australia

A comprehensive legal document governed by Australian law that establishes the terms and conditions for providing financial facilities to businesses. The agreement details the lending arrangement between a financial institution and a business entity, including facility terms, security arrangements, repayment obligations, and compliance requirements. It incorporates provisions compliant with Australian financial services regulations, consumer protection laws, and security legislation, while addressing specific business financing needs and risk management considerations. The document includes essential safeguards for both lender and borrower, ensuring clarity in obligations and rights under Australian jurisdiction.

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What is a Business Finance Agreement?

The Business Finance Agreement serves as a fundamental legal instrument in Australian commercial financing, designed to formalize lending arrangements between financial institutions and business entities. This document is essential when businesses seek external financing for various purposes such as working capital, expansion, asset acquisition, or project funding. It encompasses critical elements including facility terms, security arrangements, drawdown mechanisms, repayment schedules, and compliance requirements, all structured within the Australian regulatory framework. The agreement ensures compliance with key legislation such as the National Consumer Credit Protection Act, Personal Property Securities Act, and Australian Securities and Investments Commission requirements, while providing clear guidelines for both lenders and borrowers throughout the financing relationship.

What sections should be included in a Business Finance Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the lender, borrower, and any guarantors

2. Background: Outlines the context and purpose of the finance agreement, including the business purpose of the loan

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Facility Details: Specifies the type of facility, amount, purpose, and key financial terms including interest rate and term

5. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available

6. Drawdown Provisions: Details the process and requirements for accessing the facility funds

7. Interest and Fees: Specifies interest calculations, payment periods, fees, and charges applicable to the facility

8. Repayment Terms: Outlines repayment schedule, methods, and prepayment provisions

9. Security Arrangements: Details the security required and provisions for maintaining and enforcing security

10. Representations and Warranties: States the promises and assertions made by the borrower regarding their business and circumstances

11. Undertakings: Lists ongoing obligations of the borrower throughout the term of the facility

12. Events of Default: Defines circumstances that constitute default and the lender's rights in such events

13. GST and Taxation: Addresses tax-related matters and GST treatment of the facility

14. General Provisions: Contains standard contract clauses including notices, amendments, and governing law

What sections are optional to include in a Business Finance Agreement?

1. Guarantee Provisions: Required when third-party guarantors are involved in securing the facility

2. Multiple Drawdown Facilities: Needed for facilities allowing multiple drawdowns over time, such as revolving credit facilities

3. Special Purpose Vehicle Provisions: Required when the borrower is a special purpose vehicle or specific project financing is involved

4. Property Security Provisions: Included when real property is provided as security for the facility

5. Syndication Provisions: Required when multiple lenders are involved in providing the facility

6. Review Events: Included for facilities requiring periodic review or having conditional continuation terms

7. Financial Covenants: Required for facilities with specific financial performance requirements

8. Insurance Requirements: Detailed insurance provisions when specific insurance coverage is required as part of the facility

What schedules should be included in a Business Finance Agreement?

1. Facility Terms Schedule: Detailed terms of the facility including amounts, interest rates, fees, and payment schedules

2. Security Details: Comprehensive list and description of all security provided for the facility

3. Conditions Precedent Checklist: Detailed list of all conditions to be satisfied before facility activation

4. Direct Debit Authority: Form authorizing automatic payment arrangements

5. Pricing Schedule: Detailed breakdown of all applicable fees, charges, and interest calculations

6. Financial Covenants Schedule: Specific financial ratios and requirements to be maintained

7. Drawdown Notice Form: Template form for requesting drawdowns under the facility

8. Compliance Certificate: Template for periodic compliance certification by the borrower

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Small and Medium Enterprises

Corporate Business

Real Estate and Property

Manufacturing

Retail

Technology and Software

Professional Services

Construction

Agriculture

Mining and Resources

Healthcare

Hospitality

Transport and Logistics

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Assessment

Corporate Banking

Business Development

Operations

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lawyer

Financial Controller

Credit Manager

Business Development Manager

Risk Manager

Compliance Officer

Treasury Manager

Account Manager

Corporate Banker

Legal Counsel

Finance Manager

Managing Director

Company Secretary

Industries
National Consumer Credit Protection Act 2009 (Cth): Federal legislation that regulates credit activities and provides consumer protections in credit contracts, including licensing requirements for credit providers
Personal Property Securities Act 2009 (PPSA): Governs the creation, registration and enforcement of security interests in personal property, crucial for securing business loans
Australian Securities and Investments Commission Act 2001: Regulates financial products and services, including requirements for fair dealing and consumer protection in financial services
Privacy Act 1988 (Cth): Regulates the handling of personal information, including credit reporting and privacy obligations for financial institutions
Competition and Consumer Act 2010 (including Australian Consumer Law): Contains provisions about unfair contract terms and consumer guarantees that may apply to business finance agreements
Financial Sector (Collection of Data) Act 2001: Requires financial institutions to report certain information to regulatory authorities
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Imposes obligations on financial institutions regarding customer identification and transaction monitoring
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and digital signatures in financial agreements
Banking Act 1959: Regulates banking activities and provides framework for supervision of banks and banking business
Contracts Review Act 1980 (State-based): State legislation that allows courts to review and potentially modify unfair contracts
Teams

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