The Personal Property Loan Agreement is essential for transactions where loans are secured against personal property in Australia. It serves as the primary documentation for both consumer and commercial lending arrangements where movable assets are provided as security. The agreement must comply with the National Consumer Credit Protection Act 2009 (NCCP Act), the Personal Property Securities Act 2009 (PPSA), and other relevant Australian legislation. It's commonly used by financial institutions, alternative lenders, and credit providers for financing vehicles, equipment, inventory, and other personal property. The document includes comprehensive details about the loan terms, security arrangements, borrower obligations, and enforcement rights, while incorporating mandatory consumer protections and disclosure requirements under Australian law.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement, including purpose and any relevant pre-conditions
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term of loan, and purpose
5. Drawdown: Conditions and process for disbursement of the loan
6. Repayment Terms: Payment schedule, method of payment, and early repayment provisions
7. Interest: Interest calculation method, payment frequency, and default interest provisions
8. Security: Details of the personal property provided as security and registration under PPSA
9. Borrower's Representations and Warranties: Borrower's confirmations regarding their capacity and financial situation
10. Borrower's Obligations: Ongoing obligations including maintenance of security property and insurance
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement: Lender's rights and remedies upon default
13. General Provisions: Standard clauses including notices, amendments, governing law
14. Execution: Signing provisions and attestation
1. Guarantor Provisions: Include when a guarantor is securing the loan obligation
2. Insurance Requirements: Detailed insurance obligations when specific insurance is required for valuable security property
3. Additional Security Provisions: Include when multiple items of personal property are provided as security
4. Special Conditions: Include when there are unique terms specific to the particular loan arrangement
5. Electronic Communications: Include when parties agree to electronic notices and communications
6. Direct Debit Authority: Include when automatic payments are being established
7. Privacy Consent: Detailed privacy provisions when extensive personal information handling is required
1. Loan Schedule: Detailed breakdown of loan amount, interest rate, fees, and payment schedule
2. Security Property Schedule: Detailed description of personal property provided as security including serial numbers and registration details
3. Payment Schedule: Amortization table showing payment amounts, dates, and principal/interest breakdown
4. Fee Schedule: Comprehensive list of all applicable fees and charges
5. Insurance Requirements Schedule: Specific insurance requirements for the security property
6. Direct Debit Schedule: Details of direct debit arrangements if applicable
7. Special Conditions Schedule: Any special or non-standard conditions applicable to the loan
Relevant legal definitions
Acceleration Event
Account
Additional Security
Agreement
Applicable Law
Approved Purpose
Authorized Officer
Balance Due
Borrower
Business Day
Calculation Period
Collateral
Commencement Date
Credit Legislation
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Due Date
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Fixed Rate
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Account
Material Adverse Effect
Mortgaged Property
Notice
Outstanding Money
Permitted Security Interest
PPSA
PPSR
Principal
Repayment Date
Repayment Schedule
Secured Money
Secured Property
Security
Security Interest
Security Provider
Special Conditions
Term
Transaction Documents
Variable Rate
Account
Additional Security
Agreement
Applicable Law
Approved Purpose
Authorized Officer
Balance Due
Borrower
Business Day
Calculation Period
Collateral
Commencement Date
Credit Legislation
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Due Date
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Fixed Rate
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Account
Material Adverse Effect
Mortgaged Property
Notice
Outstanding Money
Permitted Security Interest
PPSA
PPSR
Principal
Repayment Date
Repayment Schedule
Secured Money
Secured Property
Security
Security Interest
Security Provider
Special Conditions
Term
Transaction Documents
Variable Rate
Clauses
Interpretation
Loan Facility
Interest
Fees and Charges
Repayment
Security
Registration
Representations and Warranties
Undertakings
Insurance
Default
Enforcement
Assignment
Notices
Privacy
Guarantees
Indemnity
Force Majeure
Severability
Entire Agreement
Governing Law
Dispute Resolution
Electronic Communication
Amendments
Counterparts
Direct Debit
Set-off
Confidentiality
Further Assurance
Costs and Expenses
Loan Facility
Interest
Fees and Charges
Repayment
Security
Registration
Representations and Warranties
Undertakings
Insurance
Default
Enforcement
Assignment
Notices
Privacy
Guarantees
Indemnity
Force Majeure
Severability
Entire Agreement
Governing Law
Dispute Resolution
Electronic Communication
Amendments
Counterparts
Direct Debit
Set-off
Confidentiality
Further Assurance
Costs and Expenses
Relevant Industries
Financial Services
Banking
Consumer Lending
Asset Finance
Commercial Lending
Credit Unions
Alternative Finance
FinTech
Equipment Finance
Vehicle Finance
Relevant Teams
Legal
Compliance
Credit Risk
Loan Operations
Collections
Documentation
Customer Relations
Credit Assessment
Security Administration
Contract Management
Relevant Roles
Credit Manager
Loan Officer
Legal Counsel
Compliance Officer
Risk Manager
Credit Analyst
Financial Advisor
Collections Manager
Relationship Manager
Contract Administrator
Security Trustee Officer
Lending Operations Manager
Credit Risk Officer
Documentation Specialist
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