Co Borrower Agreement Template for Philippines

A Co-Borrower Agreement under Philippine law is a legally binding document that establishes the terms and conditions under which multiple borrowers jointly assume responsibility for a loan obligation. The agreement is governed by Philippine civil law and banking regulations, particularly the Civil Code of the Philippines and relevant BSP circulars. It details the joint and several liability of the co-borrowers, specifying their respective rights, obligations, and responsibilities in relation to the loan repayment. The document includes essential provisions for default scenarios, communication requirements, and dispute resolution mechanisms, all within the framework of Philippine banking and lending regulations.

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What is a Co Borrower Agreement?

This Co-Borrower Agreement is designed for use in the Philippine jurisdiction when multiple parties wish to jointly take on a loan obligation. The document is commonly used in various lending scenarios, including housing loans, business loans, or personal loans where multiple borrowers combine their income or assets to qualify for larger loan amounts or better terms. It establishes joint and several liability among co-borrowers, meaning each party is fully responsible for the entire loan amount. The agreement complies with Philippine banking regulations, including BSP guidelines and the Truth in Lending Act, and includes mandatory disclosures, detailed loan terms, repayment schedules, and default provisions. It's particularly relevant when family members, business partners, or related parties want to share loan responsibilities, providing lenders with additional security through multiple responsible parties.

What sections should be included in a Co Borrower Agreement?

1. Parties: Identifies all parties to the agreement including the primary borrower, co-borrower(s), and lender

2. Background: Sets out the context of the agreement, including the purpose of the loan and the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement

4. Loan Details: Specifies the loan amount, interest rate, term, and repayment schedule

5. Co-Borrower Obligations: Details the joint and several liability of co-borrowers and their specific responsibilities

6. Representations and Warranties: Statements of fact and promises made by both primary borrower and co-borrower(s)

7. Payment Terms: Specifies how and when payments must be made, including payment allocation between co-borrowers

8. Default Provisions: Defines events of default and their consequences for all parties

9. Rights and Remedies: Outlines the lender's rights and remedies in case of default

10. Communications: Specifies how notices and other communications should be made between parties

11. Governing Law: Establishes that Philippine law governs the agreement

12. Dispute Resolution: Sets out procedures for resolving disputes between parties

13. General Provisions: Includes standard boilerplate clauses such as severability and entire agreement

What sections are optional to include in a Co Borrower Agreement?

1. Security: Include when the loan is secured by collateral provided by either borrower

2. Insurance: Include when loan insurance is required or provided

3. Death or Incapacity: Include specific provisions for what happens if one co-borrower dies or becomes incapacitated

4. Pre-payment Rights: Include when early repayment options are available

5. Assignment: Include when rights under the agreement may be assigned to third parties

6. Electronic Execution: Include when agreement may be executed electronically

7. Change in Circumstances: Include provisions for handling significant changes in co-borrowers' financial situations

What schedules should be included in a Co Borrower Agreement?

1. Schedule A - Loan Terms: Detailed breakdown of loan amount, interest rate, payment schedule, and other financial terms

2. Schedule B - Party Information: Detailed information about all parties including contact details and addresses

3. Schedule C - Payment Schedule: Amortization schedule showing payment dates and amounts

4. Schedule D - Security Details: Description of any security or collateral (if applicable)

5. Appendix 1 - Required Documents: List of documents required from each co-borrower

6. Appendix 2 - Disclosure Statement: Truth in Lending Act disclosures and other required regulatory information

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

GenieAI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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