Fixed Sum Credit Agreement for Australia

Fixed Sum Credit Agreement Template for Australia

A comprehensive credit agreement governed by Australian law that establishes the terms and conditions for a fixed sum loan between a credit provider and borrower. The agreement complies with the National Consumer Credit Protection Act 2009 and the National Credit Code, detailing the loan amount, interest rate, repayment terms, security arrangements, and parties' rights and obligations. It includes mandatory consumer protection provisions, disclosure requirements, and enforcement mechanisms specific to Australian credit law, while providing clear terms for both lender and borrower regarding the credit facility's operation and management.

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What is a Fixed Sum Credit Agreement?

The Fixed Sum Credit Agreement is a fundamental document used in Australian lending practices when a lender provides a specified sum of money to a borrower for a defined purpose. This agreement is essential for transactions requiring documented credit terms and is commonly used by financial institutions, credit providers, and lenders operating under Australian jurisdiction. The document must comply with the National Consumer Credit Protection Act 2009 and the National Credit Code, incorporating mandatory consumer protections and disclosure requirements. It contains comprehensive details about the credit facility, including the loan amount, interest calculations, repayment schedule, fees and charges, security arrangements, and default provisions. This type of agreement is particularly suitable for personal loans, asset finance, and other fixed sum lending scenarios where the entire loan amount is provided upfront and repaid according to a predetermined schedule.

What sections should be included in a Fixed Sum Credit Agreement?

1. Parties: Identification of the credit provider and borrower with full legal names and addresses

2. Background: Context of the credit agreement and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. The Credit Facility: Details of the credit amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment: Repayment schedule, method, and frequency of payments

7. Fees and Charges: All applicable fees, charges, and when they are payable

8. Security: Details of any security provided for the loan

9. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower

10. Borrower's Obligations: Ongoing obligations and responsibilities of the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement: Lender's rights and remedies upon default

13. General Provisions: Standard contract terms including notices, amendments, and governing law

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Fixed Sum Credit Agreement?

1. Guarantor Provisions: Required when a guarantor is providing additional security for the loan

2. Insurance Requirements: Include when specific insurance coverage is required as a condition of the loan

3. Early Repayment: Details of early repayment options and any associated fees, if permitted

4. Electronic Communication Consent: Include when parties agree to receive notices and communications electronically

5. Direct Debit Authorization: Required when automatic payments are being set up

6. Privacy Consent: Detailed privacy provisions when extensive personal information handling is involved

7. Special Conditions: Include when there are specific terms unique to this particular credit arrangement

What schedules should be included in a Fixed Sum Credit Agreement?

1. Schedule 1 - Credit Details: Key financial information including amount, term, interest rate, and payment schedule

2. Schedule 2 - Fees and Charges: Detailed breakdown of all fees and charges applicable to the credit facility

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

4. Schedule 4 - Security Details: Description of any security provided, including asset details if applicable

5. Appendix A - Information Statement: Mandatory information statement required under the National Credit Code

6. Appendix B - Direct Debit Request Form: Standard form for setting up direct debit payments

7. Appendix C - Privacy Consent Form: Detailed privacy consent and credit reporting authorization

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

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Credit Unions

Consumer Finance

Mortgage Lending

Asset Finance

Commercial Lending

Retail Banking

Alternative Lending

Fintech

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Loan Administration

Contract Management

Financial Control

Commercial Banking

Retail Banking

Document Management

Credit Assessment

Relevant Roles

Credit Manager

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Financial Controller

Credit Analyst

Banking Operations Manager

Contract Administrator

Commercial Lending Manager

Retail Banking Manager

Chief Risk Officer

Chief Legal Officer

Credit Operations Supervisor

Lending Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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