The Peer To Peer Lending Contract serves as the foundational document for facilitating regulated peer-to-peer lending transactions in New Zealand. It is designed for use when individuals or institutions wish to lend or borrow money through authorized P2P lending platforms, ensuring compliance with the Financial Markets Conduct Act 2013 and related regulations. The contract establishes the rights, obligations, and responsibilities of all parties involved, including detailed loan terms, security arrangements (if applicable), and platform operational procedures. This document is essential for P2P lending platforms operating in New Zealand, providing a standardized framework that protects all parties while meeting regulatory requirements for consumer protection, disclosure, and financial service provision.
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1. Parties: Identifies and provides full details of the lender and borrower
2. Background: Explains the context of the P2P lending arrangement and the platform's role
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement
4. Loan Details: Specifies the loan amount, purpose, and term
5. Interest and Fees: Details the interest rate, calculation method, and any applicable fees
6. Repayment Terms: Outlines the repayment schedule, method, and prepayment provisions
7. Platform Terms: Describes the P2P lending platform's role, rights, and obligations
8. Borrower's Representations and Warranties: States the borrower's confirmations regarding their capacity and circumstances
9. Borrower's Obligations: Lists ongoing obligations and compliance requirements
10. Events of Default: Defines circumstances constituting default and consequences
11. Enforcement Rights: Details the lender's rights and remedies upon default
12. Privacy and Data Protection: Addresses handling of personal information and privacy compliance
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Contains standard boilerplate clauses including governing law and jurisdiction
1. Security: Required when the loan is secured against assets, detailing the security arrangement
2. Guarantee: Included when a third party guarantees the loan repayment
3. Insurance Requirements: Required when specific insurance coverage is mandatory
4. Early Repayment: Detailed provisions for early repayment when permitted
5. Assignment and Transfer: Required when transfer of rights is permitted
6. Platform Default Protection: Included when the platform offers additional default protection
7. Direct Debit Authority: Required when automatic payments are set up
8. Hardship Provisions: Detailed provisions for handling financial hardship cases
1. Loan Terms Schedule: Detailed breakdown of loan amount, interest rate, term, and payment schedule
2. Fee Schedule: Comprehensive list of all applicable fees and charges
3. Direct Debit Authorization Form: Form for setting up automatic payments
4. Security Details: Description of any security provided for the loan
5. Key Information Disclosure: Mandatory disclosure information under CCCFA
6. Platform Terms and Conditions: Standard P2P platform terms incorporated by reference
7. Privacy Policy: Detailed privacy and data protection policies
8. Complaint Resolution Procedures: Process for handling disputes and complaints
Relevant legal definitions
Account
Additional Fees
Agreement
Annual Percentage Rate
Applicable Law
Application
Authorised Representative
Business Day
Borrower
Completion Date
Confidential Information
Credit Rating
Default Event
Default Interest Rate
Direct Debit Authority
Disclosure Statement
Draw Down Date
Early Repayment
Effective Date
Electronic Communication
Enforcement Action
Event of Default
Facility
Financial Markets Authority
Guarantee
Guarantor
GST
Interest Period
Interest Rate
Late Payment Fee
Lender
Loan
Loan Amount
Loan Application
Loan Term
Material Adverse Change
Maturity Date
Outstanding Balance
P2P Platform
P2P Provider
Payment Date
Payment Schedule
Personal Information
Platform Agreement
Platform Fee
Platform Rules
Platform Services
Principal
Privacy Policy
Repayment Schedule
Security
Security Interest
Service Fee
Settlement Date
Term
Terms and Conditions
Transaction
Transaction Documents
Trust Account
Verification Process
Additional Fees
Agreement
Annual Percentage Rate
Applicable Law
Application
Authorised Representative
Business Day
Borrower
Completion Date
Confidential Information
Credit Rating
Default Event
Default Interest Rate
Direct Debit Authority
Disclosure Statement
Draw Down Date
Early Repayment
Effective Date
Electronic Communication
Enforcement Action
Event of Default
Facility
Financial Markets Authority
Guarantee
Guarantor
GST
Interest Period
Interest Rate
Late Payment Fee
Lender
Loan
Loan Amount
Loan Application
Loan Term
Material Adverse Change
Maturity Date
Outstanding Balance
P2P Platform
P2P Provider
Payment Date
Payment Schedule
Personal Information
Platform Agreement
Platform Fee
Platform Rules
Platform Services
Principal
Privacy Policy
Repayment Schedule
Security
Security Interest
Service Fee
Settlement Date
Term
Terms and Conditions
Transaction
Transaction Documents
Trust Account
Verification Process
Clauses
Interpretation
Loan Terms
Interest
Fees and Charges
Repayment
Platform Services
Security
Representations and Warranties
Borrower Obligations
Lender Obligations
Platform Obligations
Default
Enforcement
Assignment
Confidentiality
Privacy
Data Protection
Anti-Money Laundering
Consumer Protection
Direct Debit
Early Repayment
Force Majeure
Termination
Dispute Resolution
Notices
Electronic Communications
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Financial Services Compliance
Consumer Disclosure
Risk Warnings
Platform Rules
Guarantee
Insurance
Information Accuracy
Payment Processing
Default Interest
Hardship Provisions
Loan Terms
Interest
Fees and Charges
Repayment
Platform Services
Security
Representations and Warranties
Borrower Obligations
Lender Obligations
Platform Obligations
Default
Enforcement
Assignment
Confidentiality
Privacy
Data Protection
Anti-Money Laundering
Consumer Protection
Direct Debit
Early Repayment
Force Majeure
Termination
Dispute Resolution
Notices
Electronic Communications
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Financial Services Compliance
Consumer Disclosure
Risk Warnings
Platform Rules
Guarantee
Insurance
Information Accuracy
Payment Processing
Default Interest
Hardship Provisions
Relevant Industries
Financial Services
Banking
Alternative Lending
Fintech
Consumer Finance
Business Finance
Investment Services
Technology
Professional Services
Real Estate Finance
Relevant Teams
Legal
Compliance
Risk Management
Finance
Operations
Credit Assessment
Customer Service
Business Development
Investment
Documentation
Loan Administration
Relevant Roles
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Financial Controller
Platform Operations Manager
Loan Officer
Contract Administrator
Business Development Manager
Customer Service Manager
Investment Manager
Chief Financial Officer
Chief Legal Officer
Chief Risk Officer
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