OverLoan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Overdraft Loan Agreement

Need an Overdraft Loan Agreement for a small retail business with a £50,000 facility limit, including security provisions and personal guarantee from the company director, to be effective from March 2025.

Document background
The Overdraft Loan Agreement is essential for businesses and individuals seeking flexible short-term borrowing facilities in England and Wales. This document is commonly used when a borrower needs the ability to withdraw more money than is available in their account, up to an agreed limit. The agreement outlines all crucial aspects including credit limits, interest calculations, fees, default provisions, and regulatory compliance requirements. It serves as a comprehensive legal framework protecting both the lender's and borrower's interests while ensuring compliance with UK banking regulations and financial services laws.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the overdraft facility and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including Facility, Interest Rate, Default Rate, etc.

4. Facility Terms: Overdraft limit, duration, and basic terms of the facility

5. Interest and Fees: Interest rates, calculation methods, and applicable fees including arrangement fees

6. Repayment Terms: Conditions for repayment, payment scheduling, and overdraft reduction requirements

7. Default: Events of default, consequences, and remedies available to the lender

8. Representations and Warranties: Standard declarations by borrower regarding their capacity and authority

Optional Sections

1. Security: Details of any security provided for secured overdrafts

2. Guarantees: Terms of any guarantees when a guarantor is involved in the agreement

3. Multiple Accounts: Terms for multiple account management when borrower has multiple accounts with the lender

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Interest Rate Schedule: Details of interest rate calculations, variations, and reference rates

3. Security Details: Comprehensive details of any security arrangements for secured overdrafts

4. Standard Terms and Conditions: Bank's standard terms and conditions applicable to the overdraft facility

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

Relevant legal definitions
Clauses
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including requirements for form and content of credit agreements, licensing of lenders, and consumer protections

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including banking services and consumer credit activities

Consumer Rights Act 2015: Sets out consumer rights and protections, including provisions about unfair terms in consumer contracts and transparency requirements

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly exclusion and limitation clauses

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions and aggressive practices

Banking Act 2009: Provides the framework for banking regulation and oversight in the UK, including provisions for bank insolvency and administration

Financial Services (Banking Reform) Act 2013: Implements key banking reforms including ring-fencing of retail banking from investment banking activities

Payment Services Regulations 2017: Regulates payment services, including requirements for payment service providers and protection of customer funds

FCA Handbook: Detailed regulatory requirements and guidance issued by the Financial Conduct Authority for financial services firms

PRA Requirements: Prudential standards and requirements set by the Prudential Regulation Authority for banks and financial institutions

BCOBS: Banking Conduct of Business Sourcebook - Contains specific rules and guidance for retail banking activities

CONC: Consumer Credit Sourcebook - Detailed rules and guidance for consumer credit activities and consumer protection

Data Protection Act 2018: UK's implementation of data protection requirements, including UK GDPR provisions for handling personal data

Money Laundering Regulations 2017: Requirements for prevention of money laundering and terrorist financing in financial services

Financial Services (Distance Marketing) Regulations 2004: Regulates the distance marketing of financial services to consumers, including information requirements and right to cancel

Equality Act 2010: Prohibits discrimination in the provision of services, including financial services and lending

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Doctrine of Undue Influence: Common law principle protecting parties from agreements made under inappropriate pressure or influence

Principles of Misrepresentation: Legal principles dealing with false statements or representations that induce parties to enter into contracts

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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