This Payday Loan Contract template is designed for use by licensed financial service providers in New Zealand offering short-term, high-cost credit to consumers. The document ensures compliance with the Credit Contracts and Consumer Finance Act 2003 (CCCFA), its 2019 amendments, and related regulations, which impose strict requirements on lenders including mandatory disclosure, responsible lending obligations, and caps on interest and fees. The contract is structured to protect both lender and borrower interests while maintaining transparency and fairness in accordance with New Zealand consumer credit law. It includes all necessary components for a valid credit contract, from loan terms and repayment schedules to borrower rights and dispute resolution procedures.
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1. Parties: Identification of the lender and borrower, including full legal names, addresses, and registration details for the lender
2. Background: Brief context of the loan agreement and purpose
3. Definitions: Key terms used throughout the agreement, including statutory terms from CCCFA
4. Loan Details: Specific details of the loan amount, term, and repayment schedule
5. Interest and Fees: Clear statement of interest rate, calculation method, and all applicable fees in compliance with CCCFA caps
6. Repayment Terms: Details of how and when repayments must be made, including payment methods and dates
7. Early Repayment: Terms and conditions for early repayment, including any fees or calculations
8. Default and Enforcement: Consequences of default, enforcement procedures, and borrower's rights
9. Borrower Acknowledgments: Confirmations from borrower regarding understanding of terms and receiving required disclosures
10. General Terms: Standard contract terms including amendments, notices, and governing law
11. Execution: Signature blocks and execution requirements
1. Security: Required if the loan is secured against any assets or requires guarantors
2. Insurance: Required if any insurance is mandatory or offered with the loan
3. Direct Debit Authority: Include if automatic payments are being set up
4. Cooling-off Period: Details of cancellation rights, required for specific loan types under CCCFA
5. Hardship Provisions: Additional terms regarding unforeseen hardship applications, recommended for longer-term loans
1. Initial Disclosure Statement: Mandatory CCCFA disclosure information including all costs, terms, and statutory warnings
2. Repayment Schedule: Detailed breakdown of all payments, including dates, amounts, and allocation between principal, interest, and fees
3. Fee Schedule: Comprehensive list of all fees that may be charged under the agreement
4. Credit Fees and Charges: Detailed breakdown of all credit fees and charges as required by CCCFA
5. Direct Debit Authorization Form: Standard form for setting up automatic payments if applicable
6. Information about Dispute Resolution: Details of the lender's dispute resolution scheme membership and contact information
Relevant legal definitions
Account
Agreement
Annual Interest Rate
Approved Direct Debit
Borrower
Business Day
CCCFA
Credit Fees
Credit Limit
Default
Default Interest
Direct Debit Payment
Disclosure Statement
Dispute Resolution Scheme
Due Date
Early Repayment
Effective Date
Electronic Communication
Enforcement Expenses
Event of Default
Fees
Final Repayment Date
Financial Service Provider
GST
Hardship Application
Initial Disclosure
Initial Unpaid Balance
Interest Charges
Lender
Loan Amount
Loan Term
Material Adverse Effect
Payment
Payment Date
Permitted Purpose
Personal Information
Privacy Act
Repayment Schedule
Secured Property
Security Interest
Statement Period
Total Amount Payable
Unpaid Daily Balance
Working Day
Agreement
Annual Interest Rate
Approved Direct Debit
Borrower
Business Day
CCCFA
Credit Fees
Credit Limit
Default
Default Interest
Direct Debit Payment
Disclosure Statement
Dispute Resolution Scheme
Due Date
Early Repayment
Effective Date
Electronic Communication
Enforcement Expenses
Event of Default
Fees
Final Repayment Date
Financial Service Provider
GST
Hardship Application
Initial Disclosure
Initial Unpaid Balance
Interest Charges
Lender
Loan Amount
Loan Term
Material Adverse Effect
Payment
Payment Date
Permitted Purpose
Personal Information
Privacy Act
Repayment Schedule
Secured Property
Security Interest
Statement Period
Total Amount Payable
Unpaid Daily Balance
Working Day
Clauses
Loan Amount and Purpose
Interest Rate
Fees and Charges
Repayment Terms
Default Interest
Early Repayment
Security
Events of Default
Enforcement
Representations and Warranties
Borrower Obligations
Lender Obligations
Direct Debit Authorization
Privacy and Information Sharing
Dispute Resolution
Amendments
Assignment
Notices
Governing Law
Severability
Entire Agreement
Consumer Protection
Cooling-off Rights
Hardship Provisions
Default and Enforcement
Electronic Communications
Account Operation
Statements and Disclosure
Collections and Recovery
Termination
Interest Rate
Fees and Charges
Repayment Terms
Default Interest
Early Repayment
Security
Events of Default
Enforcement
Representations and Warranties
Borrower Obligations
Lender Obligations
Direct Debit Authorization
Privacy and Information Sharing
Dispute Resolution
Amendments
Assignment
Notices
Governing Law
Severability
Entire Agreement
Consumer Protection
Cooling-off Rights
Hardship Provisions
Default and Enforcement
Electronic Communications
Account Operation
Statements and Disclosure
Collections and Recovery
Termination
Relevant Industries
Consumer Finance
Payday Lending
Financial Services
Consumer Credit
Microfinance
Retail Banking
Alternative Finance
Relevant Teams
Legal
Compliance
Credit Assessment
Risk Management
Customer Service
Operations
Collections
Finance
Branch Operations
Documentation
Relevant Roles
Credit Manager
Compliance Officer
Legal Counsel
Lending Officer
Credit Risk Analyst
Customer Service Representative
Collections Officer
Financial Controller
Branch Manager
Loans Administrator
Risk Management Officer
Operations Manager
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