Peer To Peer Lending Contract for India

Peer To Peer Lending Contract Template for India

A comprehensive legal agreement governed by Indian law that facilitates peer-to-peer lending transactions between individuals or entities. The contract complies with RBI Master Directions on P2P Lending Platforms (2017) and incorporates essential elements of the Indian Contract Act, 1872. It details loan terms, repayment schedules, interest calculations, default provisions, and remedies while ensuring compliance with Indian digital lending guidelines and anti-money laundering regulations. The document includes necessary safeguards for both lender and borrower, incorporating RBI-mandated disclosure requirements and platform-specific obligations.

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What is a Peer To Peer Lending Contract?

This Peer to Peer Lending Contract is designed for use in India where P2P lending is regulated by the Reserve Bank of India under the P2P Lending Platform Directions, 2017. The document serves as a legally binding agreement between lenders and borrowers engaging in P2P lending transactions through registered platforms. It incorporates mandatory regulatory requirements, including interest rate caps, exposure limits, and operational guidelines prescribed by the RBI. The contract is suitable for both individual and institutional participants in P2P lending, providing a comprehensive framework for loan terms, obligations, default scenarios, and dispute resolution mechanisms while ensuring compliance with Indian financial regulations and digital lending guidelines.

What sections should be included in a Peer To Peer Lending Contract?

1. Parties: Identifies and provides details of the lender and borrower

2. Background: Explains the context of the loan agreement and confirms both parties' intention to enter into a P2P lending arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Details: Specifies the loan amount, interest rate, tenure, and repayment schedule

5. Disbursement Terms: Details the conditions for and method of loan disbursement

6. Repayment Terms: Outlines the repayment structure, payment methods, and due dates

7. Interest and Fees: Specifies interest calculation method, applicable fees, and charges

8. Representations and Warranties: States the facts and assurances provided by both parties

9. Borrower Covenants: Lists the borrower's ongoing obligations and commitments

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

11. Remedies: Outlines available remedies in case of default or breach

12. Term and Termination: Specifies the duration of the agreement and termination conditions

13. Governing Law and Jurisdiction: Establishes the applicable law and courts for dispute resolution

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

15. Execution: Formal signing section with witness requirements

What sections are optional to include in a Peer To Peer Lending Contract?

1. Security Provisions: Required when the loan is secured by any collateral or guarantee

2. Insurance Requirements: Needed when insurance coverage is mandatory for the loan

3. Electronic Transaction Terms: Required for digitally executed agreements or when payments are made electronically

4. Prepayment Terms: Include when early repayment is allowed, specifying any prepayment penalties

5. Co-borrower Provisions: Required when there are multiple borrowers

6. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

7. Force Majeure: Optional clause for circumstances beyond parties' control affecting loan performance

8. Amendment Procedures: Include when parties want specific procedures for modifying the agreement

What schedules should be included in a Peer To Peer Lending Contract?

1. Schedule 1 - Loan Amortization Schedule: Detailed breakdown of repayment installments showing principal and interest components

2. Schedule 2 - KYC Documents: List of identity and address proof documents provided by both parties

3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Schedule 4 - Payment Instructions: Bank account details and payment methods

5. Appendix A - Borrower's Financial Information: Summary of borrower's income, expenses, and existing financial obligations

6. Appendix B - Default Notice Format: Template for formal notice in case of default

7. Appendix C - Loan Application Form: Copy of the original loan application with declarations

8. Appendix D - Terms of Use of P2P Platform: If applicable, the platform's terms that are incorporated into the agreement

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
Relevant Industries

Financial Services

Banking

Financial Technology

Alternative Lending

Digital Banking

Consumer Finance

Small Business Finance

Microfinance

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Credit Analysis

Customer Service

Technology

Business Development

Documentation

Treasury

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Financial Analyst

Credit Manager

Operations Manager

Platform Administrator

Loan Officer

Contract Manager

Chief Financial Officer

Chief Risk Officer

Chief Technology Officer

Financial Controller

Business Development Manager

Customer Relations 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

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