The Loan Payment Contract is a fundamental financial document used in Australian lending transactions to formalize the terms and conditions of a loan facility. This document is essential when any form of credit is extended, whether for personal, business, or commercial purposes. It must comply with the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code, incorporating mandatory consumer protections and disclosure requirements. The contract establishes the framework for the lending relationship, including loan amount, interest calculations, repayment schedule, security arrangements, and default provisions. It serves both regulated consumer loans and commercial lending transactions, with variations in complexity depending on the loan purpose and amount.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and any rate variation provisions
6. Repayment Terms: Payment schedule, amounts, frequency, and method of payment
7. Security: Details of any security or collateral provided for the loan
8. Borrower's Representations and Warranties: Statements of fact and assurances provided by the borrower
9. Borrower's Obligations: Ongoing obligations and responsibilities of the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement and Remedies: Lender's rights and remedies in case of default
12. General Provisions: Standard contract clauses including notices, amendments, governing law
13. Execution: Signature blocks and execution requirements
1. Guarantor Provisions: Required when a guarantor is securing the loan
2. Variable Rate Terms: Include when interest rate is variable rather than fixed
3. Early Repayment: Terms for early loan repayment when permitted
4. Insurance Requirements: Include when specific insurance is required for secured assets
5. Joint and Several Liability: Required when there are multiple borrowers
6. Direct Debit Authority: Include when automatic payments are being established
7. Special Conditions: For any non-standard terms specific to this loan
8. Credit Guide Acknowledgment: Required for regulated consumer loans
1. Schedule 1 - Payment Schedule: Detailed repayment schedule with dates and amounts
2. Schedule 2 - Fee Schedule: Comprehensive list of all applicable fees and charges
3. Schedule 3 - Security Details: Details of any secured property or assets
4. Schedule 4 - Special Conditions: Any special terms or conditions applicable to the loan
5. Appendix A - Direct Debit Request Form: Form for setting up automatic payments
6. Appendix B - Information Statement: Mandatory information statement under the National Credit Code
7. Appendix C - Credit Guide: Lender's credit guide as required by NCCP Act
8. Appendix D - Key Facts Sheet: Summary of key loan terms and financial information
Relevant legal definitions
Account
Agreement
Annual Percentage Rate
Application
Authorized Representative
Available Credit
Banking Day
Borrower
Business Day
Calculation Period
Credit Limit
Default
Default Interest Rate
Default Rate
Drawdown Date
Enforcement Expenses
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Financial Records
Government Agency
Government Requirement
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Account
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Balance
Overdue Amount
Payment Date
Permitted Purpose
Personal Property
PPSA
Principal
Repayment Schedule
Review Date
Secured Property
Security
Security Interest
Settlement Date
Taxes
Term
Total Amount Owing
Transaction Documents
Agreement
Annual Percentage Rate
Application
Authorized Representative
Available Credit
Banking Day
Borrower
Business Day
Calculation Period
Credit Limit
Default
Default Interest Rate
Default Rate
Drawdown Date
Enforcement Expenses
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Financial Records
Government Agency
Government Requirement
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Account
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Balance
Overdue Amount
Payment Date
Permitted Purpose
Personal Property
PPSA
Principal
Repayment Schedule
Review Date
Secured Property
Security
Security Interest
Settlement Date
Taxes
Term
Total Amount Owing
Transaction Documents
Clauses
Interpretation
Loan Facility
Interest
Fees and Charges
Repayment
Security
Representations and Warranties
Borrower Covenants
Conditions Precedent
Events of Default
Enforcement
Direct Debit
Privacy and Information
Set-off
Assignment
Notices
Force Majeure
Indemnity
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Guarantee and Indemnity
Financial Covenants
Insurance
Account Operation
Early Repayment
Default Interest
Information Undertakings
Confidentiality
Power of Attorney
Further Assurance
Costs and Expenses
Tax
Joint and Several Liability
Loan Facility
Interest
Fees and Charges
Repayment
Security
Representations and Warranties
Borrower Covenants
Conditions Precedent
Events of Default
Enforcement
Direct Debit
Privacy and Information
Set-off
Assignment
Notices
Force Majeure
Indemnity
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Guarantee and Indemnity
Financial Covenants
Insurance
Account Operation
Early Repayment
Default Interest
Information Undertakings
Confidentiality
Power of Attorney
Further Assurance
Costs and Expenses
Tax
Joint and Several Liability
Relevant Industries
Banking and Financial Services
Real Estate
Small Business
Consumer Finance
Corporate Finance
Agriculture
Manufacturing
Retail
Construction
Professional Services
Relevant Teams
Legal
Finance
Credit
Compliance
Risk Management
Operations
Collections
Customer Service
Treasury
Documentation
Relevant Roles
Credit Manager
Loan Officer
Financial Controller
Legal Counsel
Compliance Officer
Risk Manager
Collections Manager
Banking Relationship Manager
Credit Analyst
Contract Administrator
Chief Financial Officer
Treasury Manager
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