The Jewelry Loan Agreement is a specialized financial instrument used in the Philippines when a borrower seeks to obtain a loan using jewelry items as collateral. This document is crucial for both financial institutions and borrowers, providing legal protection and clear terms for the transaction. The agreement must comply with Philippine banking regulations, particularly the Pawnshop Regulation Act and BSP guidelines, while addressing specific requirements for jewelry valuation, storage, and handling. It includes detailed descriptions of the collateral, loan terms, interest rates, and redemption procedures, making it essential for pawnshops, banks, and other lending institutions offering jewelry-backed loans. The document becomes particularly relevant in situations where traditional lending options may not be suitable or when borrowers possess valuable jewelry items they wish to use as security.
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1. Parties: Identification of the Lender and Borrower with complete details including names, addresses, and government ID numbers
2. Background: Brief context explaining the purpose of the loan and the use of jewelry as collateral
3. Definitions: Definitions of key terms used throughout the agreement including 'Jewelry Items', 'Loan Amount', 'Interest Rate', 'Maturity Date'
4. Loan Details: Specific terms including principal amount, interest rate, term of loan, and payment schedule
5. Collateral Description: Detailed description of the jewelry items being used as collateral, including type, weight, quality, and distinguishing marks
6. Valuation: Agreed value of the jewelry items and the basis for valuation
7. Storage and Safekeeping: Terms regarding how the jewelry will be stored and protected while in the lender's possession
8. Rights and Obligations: Detailed responsibilities of both parties during the loan period
9. Default and Remedies: Consequences of default and the lender's rights to sell or dispose of the collateral
10. Return of Collateral: Conditions and process for returning the jewelry upon full loan repayment
11. Governing Law: Specification that the agreement is governed by Philippine law
12. Execution: Signature blocks and notarization requirements
1. Insurance: Requirements for insurance coverage of the jewelry items, if required by the lender
2. Early Repayment: Terms and conditions for early loan repayment, including any applicable penalties or discounts
3. Loan Extension: Provisions for extending the loan term if needed
4. Third-Party Rights: Provisions regarding rights of third parties who may have interest in the jewelry
5. Electronic Payments: Terms for electronic payment methods if offered
6. Anti-Money Laundering Compliance: Additional provisions for high-value jewelry loans requiring AML compliance
1. Schedule A - Jewelry Description: Detailed inventory and description of each jewelry item including photographs, weight, measurements, and distinguishing features
2. Schedule B - Valuation Certificate: Professional appraisal or valuation certificate for the jewelry items
3. Schedule C - Payment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest
4. Schedule D - Condition Report: Documentation of the condition of jewelry items at the time of pledge
5. Appendix 1 - Handling Procedures: Procedures for handling, storing, and accessing the jewelry during the loan period
6. Appendix 2 - Authentication Certificates: Copies of any authentication or certification documents for the jewelry items
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