Recourse Loan Agreement for Australia

Recourse Loan Agreement Template for Australia

This document is a comprehensive loan agreement governed by Australian law that establishes the terms and conditions under which a lender provides financial accommodation to a borrower, with full recourse rights against the borrower's assets in case of default. The agreement incorporates all essential elements required under Australian financial services law, including National Consumer Credit Protection Act compliance where applicable, and sets out detailed provisions for loan disbursement, repayment terms, security arrangements, events of default, and enforcement mechanisms. It includes specific provisions for interest calculation, payment schedules, borrower representations, and ongoing obligations throughout the loan term.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Recourse Loan Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Recourse Loan Agreement?

The Recourse Loan Agreement is a critical financial instrument used in Australian lending transactions where the lender requires comprehensive rights to recover the loan amount. This document is typically used when providing significant financial accommodation to businesses or individuals, where the loan is secured against specific assets but the lender also maintains the right to pursue the borrower's other assets if the security proves insufficient to cover the debt. The agreement must comply with Australian financial services regulations, including the National Consumer Credit Protection Act 2009 (Cth) and the Personal Property Securities Act 2009 (Cth). It is particularly relevant for commercial lending, property finance, and business expansion scenarios where substantial funding is required and the lender needs robust protection for their financial exposure. The document includes detailed provisions for loan terms, security arrangements, borrower obligations, and enforcement mechanisms.

What sections should be included in a Recourse Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses

2. Background: Sets out the context of the loan agreement and the parties' intentions

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

4. The Loan: Details the principal amount, purpose, and drawdown conditions of the loan

5. Interest: Specifies the interest rate, calculation method, and payment terms

6. Repayment: Sets out the repayment schedule, methods, and prepayment provisions

7. Security: Details the security arrangements and assets securing the loan

8. Representations and Warranties: Lists the Borrower's declarations regarding their legal and financial status

9. Undertakings: Specifies the Borrower's ongoing obligations throughout the loan term

10. Events of Default: Defines circumstances constituting default and their consequences

11. Enforcement Rights: Details the Lender's rights and remedies upon default, including recourse provisions

12. Costs and Expenses: Allocates responsibility for fees, charges, and enforcement costs

13. Notices: Specifies how formal communications between parties should be made

14. General Provisions: Contains standard boilerplate clauses including governing law and jurisdiction

What sections are optional to include in a Recourse Loan Agreement?

1. Guarantor Provisions: Required when a third party guarantees the loan obligations

2. Insurance Requirements: Needed when specific insurance coverage is required for secured assets

3. Special Drawdown Conditions: Used for loans with multiple tranches or special disbursement requirements

4. Financial Covenants: Included for business loans requiring ongoing financial performance metrics

5. Security Trustee Provisions: Required in syndicated loans or when security is held by a trustee

6. Assignment and Transfer: Detailed provisions for when loan transfer rights are important to the lender

7. Multiple Borrower Provisions: Required when there are joint borrowers or cross-guarantees

What schedules should be included in a Recourse Loan Agreement?

1. Loan Terms Schedule: Details specific loan terms including amount, interest rate, and payment dates

2. Repayment Schedule: Amortization table showing payment dates and amounts

3. Security Details: Detailed description of security assets and registration requirements

4. Conditions Precedent: List of documents and conditions required before loan drawdown

5. Form of Drawdown Notice: Template for requesting loan disbursements

6. Guarantor Documents: Forms and requirements for guarantors if applicable

7. Fee Schedule: Detailed breakdown of all fees and charges

8. Insurance Requirements: Specific insurance requirements for secured assets

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

Financial Services

Real Estate

Commercial Property

Manufacturing

Retail

Construction

Agriculture

Mining

Professional Services

Healthcare

Education

Technology

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Treasury

Corporate Banking

Commercial Banking

Risk Management

Operations

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Credit Manager

Risk Manager

Loan Officer

Commercial Banking Manager

Corporate Banking Director

Compliance Officer

Financial Controller

Treasury Manager

Business Development Manager

Account Manager

Credit Analyst

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

Find the exact document you need

Evergreen Loan Agreement

An Australian law-governed perpetual loan facility agreement establishing an ongoing credit arrangement with automatic renewal provisions.

find out more

Personal Car Loan Contract

An Australian-law governed loan agreement for personal vehicle financing, compliant with national consumer credit legislation.

find out more

Cash Loan Simple Loan Agreement

An Australian-law governed agreement establishing terms and conditions for a monetary loan between a lender and borrower, compliant with national credit protection regulations.

find out more

Generic Loan Agreement

An Australian law-governed agreement establishing the terms and conditions for a loan between parties, including amount, interest, repayment terms, and security arrangements.

find out more

Term Loan Agreement Non Regulated

An Australian law-governed agreement for a fixed-term commercial loan facility, setting out terms and conditions for business lending outside consumer credit regulations.

find out more

Simple Equipment Loan Agreement

An Australian-compliant agreement governing the temporary loan of equipment between parties, including terms, conditions, and responsibilities.

find out more

Model Loan Agreement

An Australian-compliant template loan agreement covering essential lending terms and regulatory requirements for use in commercial and consumer lending contexts.

find out more

Facility Loan Agreement

An Australian law-governed agreement establishing terms and conditions for a loan facility, including facility amount, interest rates, repayment terms, and security arrangements.

find out more

Computer Equipment Loan Agreement

An Australian-law governed agreement establishing terms for temporary computer equipment loans, including usage conditions, maintenance responsibilities, and return procedures.

find out more

Standard Loan Agreement

An Australian-law governed agreement establishing terms for financial lending, including loan amount, interest, repayment terms, and security arrangements.

find out more

Master Securities Loan Agreement

An Australian law-governed agreement template for securities lending transactions between financial institutions, establishing terms for securities loans and collateral arrangements.

find out more

Film Equity Investment Agreement

Australian-law governed agreement for equity investment in film production, establishing investment terms, rights, and revenue sharing arrangements.

find out more

Co Financing Agreement

An Australian law-governed agreement establishing terms for multiple lenders to jointly provide financing to a borrower, subject to Australian banking and corporate regulations.

find out more

OverFacility Agreement

An Australian-law agreement establishing an overdraft facility between a financial institution and borrower, detailing credit limits, terms, and obligations.

find out more

Investment Loan Contract

An Australian law-governed agreement establishing terms and conditions for investment financing, including loan details, security arrangements, and regulatory compliance requirements.

find out more

Tripartite Loan Agreement

An Australian-law governed agreement establishing a three-way lending arrangement between a lender, borrower, and third party, detailing loan terms and party obligations.

find out more

Loan And Mortgage Agreement

An Australian law-governed agreement establishing loan terms and mortgage security arrangements over real property, compliant with national credit and property legislation.

find out more

Lease Hire Agreement

An Australian-compliant agreement governing the terms and conditions for hiring assets or equipment, suitable for both business and consumer leasing arrangements.

find out more

Hire Purchase Agreement For Car

An Australian law-compliant agreement for purchasing a vehicle through structured payments, with ownership transferring to the buyer upon final payment.

find out more

Deed Of Accession Loan Agreement

An Australian law-governed deed enabling a new party to join and assume rights and obligations under an existing loan agreement.

find out more

Co Borrower Loan Agreement

An Australian legal agreement establishing terms and conditions for multiple borrowers to jointly obtain and repay a loan, subject to Australian federal and state lending laws.

find out more

Bike Hire Purchase Agreement

An Australian law-governed agreement for the hire purchase of bicycles, establishing payment terms, usage conditions, and ownership transfer upon final payment.

find out more

Bridge Loan Contract

An Australian law-governed agreement for short-term interim financing, establishing loan terms, security arrangements, and repayment conditions.

find out more

Undertaking Loan Agreement

An Australian law-governed loan agreement detailing terms, conditions, and undertakings for financial accommodation between lender and borrower.

find out more

Trade Finance Agreement

An Australian law-governed agreement establishing trade finance facilities between a bank and borrower, detailing products, terms, and security arrangements.

find out more

Separation Financial Agreement

An Australian legal document that formalizes financial arrangements between separating couples under the Family Law Act 1975, detailing asset division and financial responsibilities.

find out more

Seller Financing Car Contract

An Australian contract for selling a vehicle with seller-provided financing, compliant with national consumer credit and state vehicle regulations.

find out more

Real Estate Loan Agreement

An Australian-law governed agreement establishing terms and conditions for a property-secured loan, including lending terms and security arrangements.

find out more

Mezzanine Loan Agreement

Australian law-governed agreement establishing terms for subordinated debt financing, including facility terms, security arrangements, and subordination mechanics.

find out more

Margin Loan Agreement

An Australian-compliant agreement governing margin lending arrangements between a financial institution and borrower, including security provisions and regulatory requirements.

find out more

Loan Swap Agreement

An Australian law-governed agreement for exchanging loan payment obligations between parties, typically involving different interest rates or currencies.

find out more

Loan Note Agreement

An Australian-law governed agreement documenting the issuance of debt securities, setting out terms for borrowing, repayment, and parties' rights and obligations.

find out more

Loan Agreement Between Spouses

An Australian-compliant loan agreement for use between married spouses, documenting loan terms and conditions while ensuring protection under family law.

find out more

Financial Support Agreement

An Australian law-governed agreement establishing terms and conditions for providing financial support between parties, including payment terms, conditions, and compliance requirements.

find out more

Financial Assistance Agreement

An Australian-law governed agreement establishing terms for providing financial assistance, including funding conditions, repayment terms, and party obligations.

find out more

Financial Agreement Between Two Parties

An Australian law-governed agreement establishing financial arrangements between two parties, including payment terms, security provisions, and regulatory compliance requirements.

find out more

Equity Funding Agreement

An Australian-law governed agreement that sets out the terms and conditions for equity investment in a company, including share issuance, investor rights, and governance arrangements.

find out more

Equipment Lease Purchase Agreement

An Australian-compliant agreement combining equipment leasing with a purchase option, allowing businesses to lease equipment with the possibility of ownership.

find out more

Equipment Lease Agreement With Option To Purchase

An Australian law-governed agreement allowing equipment lease with future purchase rights, combining rental flexibility with acquisition options.

find out more

Car Mortgage Agreement

An Australian-law governed agreement creating a security interest over a motor vehicle as collateral for a loan, compliant with national credit and personal property security legislation.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now