Cash Advance Loan Agreement for the United States

Cash Advance Loan Agreement Template for United States

A Cash Advance Loan Agreement is a legally binding document used in the United States that outlines the terms and conditions of a short-term loan where the lender provides immediate funds to the borrower. The agreement specifies the loan amount, interest rate, repayment schedule, and default provisions, while ensuring compliance with federal regulations such as the Truth in Lending Act and state-specific usury laws. It includes mandatory disclosures and protections for both parties.

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What is a Cash Advance Loan Agreement?

The Cash Advance Loan Agreement serves as a crucial document in situations where immediate funding is required against future income or receivables. This agreement is commonly used in the United States when businesses or individuals need quick access to capital, typically for short-term financial needs. The document must comply with both federal regulations and state-specific lending laws, including usury limits and disclosure requirements. It includes essential elements such as loan amount, repayment terms, interest rates, fees, and default provisions, while providing legal protection for all parties involved.

What sections should be included in a Cash Advance Loan Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan agreement and purpose

3. Definitions: Key terms used throughout the agreement including interest rate, payment period, and default terms

4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms including APR as required by TILA

5. Repayment Schedule: Detailed payment obligations including dates, amounts, and method of payment

6. Default Provisions: Consequences of missing payments or breaching agreement, including collection procedures compliant with FDCPA

7. Representations and Warranties: Borrower's confirmations regarding their financial status and ability to repay

8. Governing Law: Specification of applicable state law and federal regulations

What sections are optional to include in a Cash Advance Loan Agreement?

1. Collateral: Details of any security provided for the loan, used when the advance is secured

2. Prepayment Terms: Conditions and penalties for early repayment, if applicable

3. Insurance Requirements: Required insurance coverage specifications, if required as condition of loan

4. Military Lending Act Provisions: Special terms and conditions applicable to service members under the Military Lending Act

What schedules should be included in a Cash Advance Loan Agreement?

1. Schedule A - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule B - Fee Schedule: Comprehensive breakdown of all applicable fees and charges

3. Appendix A - Truth in Lending Disclosures: Federally mandated TILA disclosure statements

4. Appendix B - State-Specific Disclosures: Required state-specific disclosures and notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law requiring transparent disclosure of credit terms and costs to borrowers, including APR, finance charges, and payment terms

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring accuracy and privacy of credit reports

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Debt Collection Practices Act (FDCPA): Governs debt collection practices and prohibits abusive, unfair, or deceptive practices in collecting debts

E-SIGN Act: Ensures legal validity of electronic signatures and records in commercial transactions, including loan agreements

Military Lending Act: Provides special protections for active duty service members and their dependents in consumer credit transactions

State Usury Laws: State-specific regulations that set maximum legal interest rates and finance charges that can be assessed on loans

State Lending License Requirements: State-specific requirements for obtaining and maintaining licenses to engage in lending activities

State Disclosure Requirements: State-mandated disclosures that must be provided to borrowers, including specific forms and statements

State Small Loan Regulations: Specific state laws governing small-dollar loans, including maximum loan amounts, terms, and fees

CFPB Regulations: Federal regulations from the Consumer Financial Protection Bureau governing consumer financial products and services

FTC Regulations: Federal Trade Commission rules protecting consumers from unfair or deceptive lending practices

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

State Collection Practices: State-specific rules governing how lenders can collect debts and interact with borrowers in default

Cooling-off Period Requirements: Mandatory waiting periods between loans or borrower's right to cancel within a specified timeframe

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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