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1. Parties: Identifies the family member providing the loan (Lender) and the family member receiving the loan (Borrower), including full legal names and addresses
2. Background: Explains the context of the family loan arrangement and the intention of the parties to create a legally binding agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Amount and Purpose: Specifies the exact amount being lent and the intended purpose of the loan
5. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and method of payment
6. Interest: Specifies whether interest applies, and if so, the rate and calculation method
7. Default and Remedies: Outlines what constitutes a default and the agreed courses of action, considering the family relationship
8. Representations and Warranties: Basic statements about the parties' capacity to enter into the agreement and their understanding of its implications
9. Termination: Conditions under which the loan agreement can be terminated or fully discharged
10. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures
11. Execution: Formal signing section compliant with NZ law requirements
1. Security: Include when the loan is secured against specific assets or property
2. Early Repayment: Include when parties want to specifically allow for early repayment options and any associated conditions
3. Death or Incapacity: Include specific provisions for what happens to the loan in case of death or incapacity of either party
4. Relationship Breakdown Provisions: Include when lending between or to married/de facto couples to address loan treatment in case of separation
5. Loan Forgiveness: Include when parties want to specify conditions under which part or all of the loan might be forgiven
6. Assignment and Succession: Include when parties want to specify whether the loan can be assigned or how it should be handled in estate planning
7. Independent Legal Advice: Include when parties want to formally acknowledge they had the opportunity to seek independent legal advice
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Security Details: If applicable, detailed description of any assets provided as security
3. Loan Disbursement Schedule: If the loan is to be provided in installments, details of when and how much will be advanced
4. Certificate of Independent Legal Advice: If applicable, signed certificates from legal advisors confirming independent advice was given
5. Family Member Acknowledgment: Optional acknowledgment by other family members of their awareness of the loan arrangement
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