Finance Contract for Nigeria

Finance Contract Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions for the provision of financial facilities between a lender and borrower. The document incorporates key provisions required under Nigerian banking regulations and financial laws, including specific requirements from the Central Bank of Nigeria and the Banks and Other Financial Institutions Act. It details loan amounts, interest rates, repayment terms, security arrangements, and enforcement mechanisms, while ensuring compliance with Nigerian financial sector regulations and consumer protection requirements.

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What is a Finance Contract?

The Finance Contract serves as a fundamental legal instrument in Nigerian financial transactions, establishing the rights, obligations, and terms between parties in lending arrangements. This document is essential when any form of financial facility is being provided, whether for corporate financing, project development, or asset acquisition. The contract must comply with Nigerian banking laws, including the Banks and Other Financial Institutions Act (BOFIA) and Central Bank of Nigeria regulations, particularly regarding interest rates, security requirements, and borrower protections. It's commonly used by banks, financial institutions, and businesses operating in Nigeria, incorporating local legal requirements while following international best practices in financial documentation.

What sections should be included in a Finance Contract?

1. Parties: Identification and details of the lender and borrower, including registration numbers and addresses

2. Background: Context of the financing arrangement and purpose of the loan

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

4. The Facility: Details of the loan amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Procedures and requirements for drawing down the loan

7. Interest: Interest rate, calculation method, and payment terms

8. Repayment: Repayment schedule, amounts, and mechanisms

9. Fees and Expenses: All applicable fees, charges, and cost allocation

10. Representations and Warranties: Statements of fact and assurances given by the borrower

11. Covenants: Positive and negative obligations of the borrower during the loan term

12. Events of Default: Circumstances constituting default and consequences

13. Security: Details of any security or collateral arrangements

14. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details

What sections are optional to include in a Finance Contract?

1. Guarantees: Required when there are third-party guarantors for the loan

2. Insurance: Needed when specific insurance requirements are imposed on the borrower

3. Assignment and Transfer: Include when rights to assign or transfer the loan need to be addressed

4. Syndication: Required for syndicated loans involving multiple lenders

5. Currency Provisions: Necessary for loans involving foreign currency

6. Tax Provisions: Detailed tax provisions when complex tax implications exist

7. Islamic Finance Provisions: Required when the financing needs to comply with Islamic finance principles

8. Force Majeure: Optional provisions for unforeseen circumstances affecting loan performance

9. Anti-Money Laundering: Detailed AML provisions for high-risk transactions or parties

10. Environmental Compliance: Required for projects with environmental impacts or risks

What schedules should be included in a Finance Contract?

1. Schedule 1 - Conditions Precedent Documents: List of all required documents and conditions to be satisfied

2. Schedule 2 - Drawdown Notice: Form of drawdown notice and requirements

3. Schedule 3 - Repayment Schedule: Detailed amortization or repayment schedule

4. Schedule 4 - Security Documents: List and copies of security documents

5. Schedule 5 - Fees Schedule: Detailed breakdown of all applicable fees and charges

6. Schedule 6 - Permitted Security Interests: List of pre-approved security interests

7. Schedule 7 - Form of Compliance Certificate: Template for periodic compliance certification

8. Appendix A - Calculation of Interest: Detailed methodology for interest calculation

9. Appendix B - Required Insurance: Specifications of required insurance coverage

10. Appendix C - Contact Details: Contact information for notices and communications

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

Nigeria

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate & Construction

Manufacturing & Industrial

Oil & Gas

Agriculture & Agribusiness

Telecommunications

Healthcare

Education

Retail & Commerce

Technology & Innovation

Infrastructure & Transportation

Mining & Natural Resources

Power & Energy

Hospitality & Tourism

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit

Corporate Finance

Business Development

Operations

Commercial

Investment

Documentation

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Treasury Manager

Financial Controller

Corporate Finance Manager

Investment Manager

Loan Officer

Corporate Secretary

Business Development Manager

Account Manager

Senior Finance Executive

Banking Relationship Manager

Industries
Nigerian Contract Law Act: Fundamental legislation governing the formation, validity, and enforcement of contracts in Nigeria, including essential elements like offer, acceptance, consideration, and capacity
Banks and Other Financial Institutions Act (BOFIA): Regulates banking and financial institutions operations, including lending practices and financial services provisions
Central Bank of Nigeria Act: Establishes regulatory framework for financial transactions and monetary policy, including interest rate guidelines
Money Laundering (Prohibition) Act: Provides regulations for financial transactions to prevent money laundering and stipulates reporting requirements for certain transaction thresholds
Asset Management Corporation of Nigeria (AMCON) Act: Relevant for debt recovery and management of non-performing loans in the Nigerian financial sector
Secured Transactions in Movable Assets Act 2017: Governs the creation and enforcement of security interests in movable assets, relevant for collateral arrangements
Nigerian Investment and Securities Act: Regulates investment and securities aspects of financial contracts, particularly relevant for investment-related financing
Consumer Protection Framework: Provides guidelines for consumer protection in financial services, including transparency requirements and fair treatment principles
Moneylenders Law: State-specific laws governing money lending activities and interest rate caps
Electronic Evidence Act: Governs the admissibility of electronic transactions and documents, relevant for modern financial 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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