Loan Purchase And Sale Agreement for India

Loan Purchase And Sale Agreement Template for India

A comprehensive legal agreement governed by Indian law that facilitates the transfer of loan portfolios from one entity to another. The document outlines the terms and conditions of the sale, including purchase price, representations and warranties, conditions precedent, and completion mechanics. It incorporates compliance requirements under various Indian financial regulations, including the Transfer of Property Act, Banking Regulation Act, and SARFAESI Act where applicable. The agreement provides detailed mechanisms for the transfer of loan documentation, security interests, and ongoing obligations of both parties.

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
Loan Purchase And Sale 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 Loan Purchase And Sale Agreement?

The Loan Purchase and Sale Agreement is a critical document used in Indian financial markets when one entity wishes to transfer its loan portfolio to another. This transaction type is common in scenarios such as bank portfolio optimization, non-performing asset sales, or strategic restructuring of loan books. The agreement must comply with Indian banking and financial services regulations, including RBI guidelines, and typically includes detailed provisions for the transfer of loans, associated security interests, and servicing arrangements. It's particularly relevant in the context of asset reconstruction, debt trading, and financial institution portfolio management. The document needs to address specific Indian legal requirements regarding assignment of debt, stamp duty implications, and registration requirements where applicable.

What sections should be included in a Loan Purchase And Sale Agreement?

1. Parties: Identification of the seller and purchaser of the loans, including their legal status and registered addresses

2. Background: Context of the transaction, including the existence of the loans being sold and the parties' intention to enter into the purchase transaction

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

4. Sale and Purchase: Core transaction terms including the agreement to sell and purchase the loans, purchase price, and payment terms

5. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective or before closing

6. Completion: Details of the closing process, including timing, location, and actions required of each party

7. Representations and Warranties of the Seller: Seller's confirmations regarding the loans, their status, and the seller's authority to sell

8. Representations and Warranties of the Purchaser: Purchaser's confirmations regarding its authority and capacity to purchase

9. Covenants: Ongoing obligations of the parties post-completion

10. Transfer Mechanics: Procedural requirements for effecting the transfer of loans

11. Indemnification: Provisions for compensation in case of breach or misrepresentation

12. Confidentiality: Obligations regarding confidential information

13. Notices: Process and requirements for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Loan Purchase And Sale Agreement?

1. Security Transfer: Required when the loans being purchased are secured loans and include transfer of associated security interests

2. Servicing Arrangements: Needed when the seller will continue to service the loans post-sale or when specifying transition to a new servicer

3. True Sale Provisions: Important for securitization transactions or when bankruptcy remoteness is required

4. Regulatory Compliance: Required for regulated entities or when specific regulatory requirements apply to the transaction

5. Data Protection: Needed when personal data of borrowers is involved in the transfer

6. Foreign Exchange Compliance: Required when the transaction involves cross-border elements or foreign currency

7. Third Party Consents: Needed when the transfer requires consent from borrowers or other third parties

What schedules should be included in a Loan Purchase And Sale Agreement?

1. Schedule 1 - Loan Schedule: Detailed list of loans being purchased, including key information such as outstanding amounts, interest rates, and maturity dates

2. Schedule 2 - Form of Transfer Documents: Template documents required to effect the transfer of loans

3. Schedule 3 - Completion Checklist: List of documents and actions required at completion

4. Schedule 4 - Seller's Power of Attorney: Form of power of attorney authorizing the purchaser to take necessary actions regarding the transferred loans

5. Schedule 5 - Loan Documents: List of all relevant loan documentation being transferred

6. Schedule 6 - Purchase Price Calculation: Methodology and details for calculating the purchase price

7. Appendix A - Compliance Requirements: Detailed regulatory and compliance requirements applicable to the transaction

8. Appendix B - Service Level Requirements: Details of any ongoing servicing arrangements if applicable

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

India

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Asset Management

Debt Collection

Investment Banking

Insurance

Real Estate Finance

Corporate Finance

Microfinance

Private Equity

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Credit

Investment

Operations

Portfolio Management

Asset Management

Due Diligence

Structured Finance

Banking Operations

Relevant Roles

Chief Financial Officer

Legal Counsel

Portfolio Manager

Risk Manager

Treasury Manager

Compliance Officer

Credit Manager

Investment Manager

Transaction Manager

Asset Manager

Debt Recovery Officer

Portfolio Analyst

Due Diligence Manager

Structured Finance Manager

Banking Operations Manager

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

Pre Contract Agreement Car (Finance)

An Indian law-governed preliminary agreement setting out the framework and conditions for a potential car financing arrangement between a lender and prospective borrower.

find out more

Mortgage Servicing Agreement

An agreement governing mortgage servicing operations in India, establishing the relationship between lenders and servicers under Indian banking laws.

find out more

Letter For Lending Money To Someone

An Indian law-compliant letter document that formalizes a money lending arrangement between parties, detailing loan terms and conditions.

find out more

Lending Money Letter

A formal Indian law-compliant document establishing loan terms between parties, including amount, interest, and repayment conditions.

find out more

Lending Form

An Indian law-compliant lending form that documents loan agreements between lenders and borrowers, incorporating key regulatory requirements and transaction terms.

find out more

Hardware Loan Agreement

An Indian law-governed agreement establishing terms for temporary hardware loans between parties, including usage conditions, maintenance requirements, and return specifications.

find out more

Borrow Agreement Form

An Indian law-governed agreement establishing terms and conditions for borrowing arrangements, including loan amount, interest rates, and repayment terms.

find out more

Business Loan Broker Agreement

An Indian law-governed agreement establishing terms for loan broking services between a financial intermediary and a business client, including service scope and regulatory compliance requirements.

find out more

Borrowing Money Letter

A formal letter document governed by Indian law that establishes loan terms between borrower and lender, serving as a legally binding record of the borrowing arrangement.

find out more

Unsecured Personal Loan Agreement

An Indian law-governed agreement for unsecured personal loans, establishing loan terms and parties' obligations without requiring collateral.

find out more

Two Wheeler Loan Agreement

An Indian law-governed agreement establishing terms and conditions for two-wheeler vehicle financing, including loan details, security arrangements, and party obligations.

find out more

Term Loan Facility Agreement

An Indian law-governed agreement setting out terms and conditions for a term loan facility, including loan amount, interest, repayment, and security arrangements.

find out more

Syndicated Facility Agreement

An Indian law-governed agreement establishing terms for a loan provided by multiple lenders (syndicate) to a borrower, detailing facility terms and regulatory compliance requirements.

find out more

Simple Mortgage Deed Draft

An Indian legal document creating a charge on immovable property as security for a loan, governed by the Transfer of Property Act, 1882.

find out more

Simple Mortgage Agreement

An Indian legal document creating a security interest in real property as loan collateral, governed by the Transfer of Property Act, 1882.

find out more

Simple Loan Agreement Form

An Indian law-governed agreement establishing terms and conditions between lender and borrower for a basic loan transaction.

find out more

Self Help Group Loan Agreement Form

An Indian jurisdiction agreement establishing loan terms between a financial institution and a Self Help Group, incorporating group liability and microfinance regulations.

find out more

Private Loan Agreement For (Real Estate)

An Indian law-governed agreement establishing terms and conditions for private lending secured against real estate property, including loan terms, security arrangements, and enforcement mechanisms.

find out more

Peer To Peer Lending Agreement

An RBI-compliant agreement governing peer-to-peer lending transactions in India, establishing terms between lender and borrower through a regulated P2P platform.

find out more

Personal Loan Letter

An Indian-law governed letter documenting personal loan terms between parties, including loan amount, interest, repayment schedule, and obligations.

find out more

Personal Loan Contract Form

An Indian law-governed contract template establishing terms and conditions for personal loans between financial institutions and individual borrowers.

find out more

Personal Loan Agreement Document

An Indian law-governed agreement documenting terms and conditions of a personal loan between lender and borrower, including loan amount, interest, repayment terms, and legal obligations.

find out more

Personal Loan Agreement Contract

An Indian law-governed agreement establishing terms and conditions for a personal loan between a lender and borrower, including loan amount, interest, and repayment terms.

find out more

Personal Line Of Credit Agreement

An Indian law-governed agreement establishing a personal line of credit facility between a financial institution and an individual borrower, setting out terms for revolving credit access.

find out more

Small Loan Contract

An Indian law-governed agreement establishing terms and conditions for a small-scale loan between lender and borrower, including loan amount, interest rates, and repayment terms.

find out more

Small Loan Agreement

An Indian law-compliant agreement for documenting small-scale lending arrangements, specifying loan terms, repayment conditions, and security provisions.

find out more

Pro Forma Loan Agreement

A standard-form loan agreement template compliant with Indian law and banking regulations, establishing terms for lending transactions.

find out more

Loan Car Form

An Indian-compliant legal document establishing terms and conditions for temporary vehicle loans between parties, adhering to Indian motor vehicle and contract laws.

find out more

Mortgage Subordination Agreement

An Indian law-governed agreement that establishes priority between multiple mortgages on a property, where one mortgage holder agrees to subordinate their security interest to another.

find out more

Family Member Promissory Note

An Indian-law governed promissory note formalizing loan agreements between family members, establishing legally binding terms while preserving familial relationships.

find out more

Vendor Finance Loan Agreement

An Indian law-governed agreement establishing terms for vendor financing, including loan details, security arrangements, and party obligations.

find out more

Employee Computer Loan Agreement

An Indian law-governed agreement establishing terms for employer-provided computer equipment loans to employees, including repayment and usage conditions.

find out more

Acknowledgement Of Debt Agreement

An Indian law-governed agreement formally recognizing a debt obligation between parties, including repayment terms and interest calculations.

find out more

Balloon Loan Agreement

An Indian law-governed loan agreement featuring smaller periodic payments with a large final balloon payment, structured under Indian banking and contract laws.

find out more

Loan Agreement Between Companies

An Indian law-governed agreement establishing terms and conditions for an inter-company loan, including loan amount, interest, repayment terms, and parties' obligations.

find out more

Inter Lender Agreement

An Indian law-governed agreement establishing rights and relationships between multiple lenders in a financing arrangement, compliant with Indian banking regulations.

find out more

Overagreement

An Indian law-governed master agreement establishing framework terms for ongoing business relationships and future specific transactions.

find out more

Litigation Financing Agreement

An Indian law-governed agreement establishing terms for third-party funding of legal proceedings, including funding commitments, returns, and control mechanisms.

find out more

Credit Terms Agreement

An India-governed agreement establishing credit facility terms between lender and borrower, compliant with Indian banking regulations and enforcement mechanisms.

find out more

Subordinated Loan Agreement

An Indian law-governed agreement establishing a subordinated loan facility where the lender's claims are contractually subordinate to senior debt obligations.

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