The Peer to Peer Loan Contract is designed for use in New Zealand when individuals or entities wish to engage in direct lending arrangements without traditional banking intermediaries. This document is particularly relevant in the growing alternative finance sector, where digital platforms often facilitate direct lending relationships. The contract addresses key requirements under New Zealand law, including compliance with the Credit Contracts and Consumer Finance Act 2003 and the Financial Markets Conduct Act 2013. It provides comprehensive coverage of loan terms, security arrangements, repayment schedules, and default provisions, while incorporating necessary consumer protection measures and disclosure requirements specific to New Zealand's regulatory framework. The agreement is suitable for both secured and unsecured loans, and can be adapted for various lending purposes, from personal loans to business financing.
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1. Parties: Identifies and provides full legal names and addresses of the lender and borrower
2. Background: Explains the context of the loan agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Amount and Purpose: Specifies the principal amount being lent and the agreed purpose for which the loan may be used
5. Interest Rate: Details the agreed interest rate, how it is calculated, and whether it is fixed or variable
6. Repayment Terms: Specifies the repayment schedule, installment amounts, and payment methods
7. Term of Loan: States the duration of the loan and any conditions for extension or early repayment
8. Events of Default: Defines what constitutes a default and the consequences thereof
9. Representations and Warranties: States the facts and assurances each party provides to the other
10. Costs and Expenses: Allocates responsibility for various costs including setup fees, legal fees, and enforcement costs
11. Notices: Specifies how formal communications between parties should be made and delivered
12. General Provisions: Contains standard contract clauses including governing law, severability, and entire agreement
13. Execution: Signature blocks and execution requirements for all parties
1. Security: Required if the loan is secured against any assets, detailing the security arrangement and enforcement rights
2. Guarantor Provisions: Include when a guarantor is providing additional security for the loan
3. Insurance Requirements: Include when specific insurance coverage is required to protect the loan or security
4. Early Repayment: Details early repayment terms and any associated fees or benefits if early repayment is permitted
5. Assignment and Transfer: Include if either party may assign or transfer their rights under the agreement
6. Default Interest: Include if additional interest applies to overdue amounts
7. Draw Down Conditions: Include if the loan is to be drawn down in installments or subject to conditions
8. Privacy and Information Sharing: Include detailed privacy provisions if significant personal information sharing is involved
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Detailed description of any security provided, including asset details and valuations
3. Guarantor Deed: The specific terms and obligations of any guarantor
4. Loan Disbursement Schedule: If the loan is disbursed in installments, details the timing and conditions
5. Direct Debit Authority: Form authorizing automatic payments from borrower's account
6. Identity Verification Documents: Copies of required identification documents for AML compliance
7. Financial Statements: Any relevant financial statements or proof of income required
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