The Loan Facilitation Agreement is essential for businesses providing intermediary services in the Philippine lending market. It is particularly relevant in today's digital banking environment where traditional and online lending platforms coexist. This document is used when a facilitator connects borrowers with lenders, whether for consumer loans, business financing, or specialized lending products. The agreement must comply with Philippine regulatory requirements, including BSP regulations, the General Banking Law, and various financial services regulations. It typically includes provisions for service scope, regulatory compliance, data protection, anti-money laundering procedures, and risk management. The document is crucial for protecting all parties' interests while ensuring transparent and compliant loan facilitation services in the Philippine market.
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1. Parties: Identifies all parties to the agreement including the facilitator, and their respective legal capacities
2. Background: Sets out the context of the agreement, including the facilitator's role and regulatory status
3. Definitions: Defines key terms used throughout the agreement, including technical and regulatory terminology
4. Scope of Services: Details the loan facilitation services to be provided, including matchmaking, documentation, and administration
5. Regulatory Compliance: Outlines compliance requirements with Philippine banking laws and regulations
6. Service Fees: Specifies the fee structure, payment terms, and calculation methods for facilitation services
7. Representations and Warranties: Contains statements of fact and assurances from each party regarding their capacity and compliance
8. Obligations of the Facilitator: Lists specific duties and responsibilities of the loan facilitator
9. Data Protection and Privacy: Addresses handling of personal and financial information in compliance with the Data Privacy Act
10. Anti-Money Laundering Compliance: Details AML procedures and requirements under Philippine law
11. Term and Termination: Specifies duration of the agreement and circumstances for termination
12. Liability and Indemnification: Allocates risks and responsibilities between parties
13. Dispute Resolution: Establishes procedures for handling disputes under Philippine law
14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
1. Technology Platform Terms: Required if the facilitation involves an online platform or technology solution
2. Credit Assessment Services: Include if the facilitator provides credit scoring or assessment services
3. Collection Services: Add if the facilitator assists in loan collection activities
4. Insurance Arrangements: Include if loan insurance or related insurance products are part of the service
5. Marketing and Referral Terms: Required if the facilitator provides marketing or referral services
6. Service Level Agreement: Add if specific performance metrics and standards need to be maintained
7. Business Continuity: Include for critical service arrangements requiring disaster recovery planning
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Service Level Requirements: Specific performance metrics and service standards
3. Schedule 3 - Compliance Procedures: Detailed AML and KYC procedures
4. Schedule 4 - Documentation Requirements: List of required documents and forms for loan facilitation
5. Schedule 5 - Technology Specifications: Technical requirements and integration specifications if applicable
6. Appendix A - Required Forms: Standard forms and templates used in the facilitation process
7. Appendix B - Contact Details: Key contact information for all parties and escalation procedures
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