Board Resolution For Credit Facility for South Africa

Board Resolution For Credit Facility Template for South Africa

A Board Resolution for Credit Facility is a formal corporate document required under South African law that evidences the board of directors' approval for a company to enter into a credit facility arrangement with a financial institution. The resolution complies with the requirements of the Companies Act 71 of 2008 and demonstrates proper corporate governance under the King IV Report. It details the specific terms of the approved facility, authorizes designated individuals to execute the necessary documentation, and includes any security arrangements or special conditions required by the lender.

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What is a Board Resolution For Credit Facility?

A Board Resolution For Credit Facility is a crucial corporate governance document required when a company in South Africa seeks to obtain credit facilities from a financial institution. This document is mandated by the Companies Act 71 of 2008 and must comply with both corporate governance requirements and banking regulations. It is typically used when a company needs to secure new financing, renew existing facilities, or modify current credit arrangements. The resolution must demonstrate that the board has properly considered the facility terms, confirms the company's authority to enter into the arrangement, and designates specific individuals to execute the necessary documentation. It serves as evidence to third parties, particularly banks, that the company has followed proper internal procedures and has the necessary authority to enter into the credit facility.

What sections should be included in a Board Resolution For Credit Facility?

1. Meeting Details: Date, time, place of meeting, and confirmation of quorum

2. Attendance: List of directors present and absent, and any other attendees

3. Notice and Quorum: Confirmation that proper notice was given and quorum requirements were met

4. Background: Purpose of the credit facility and business rationale

5. Facility Details: Specific details of the credit facility including amount, term, and key conditions

6. Board Considerations: Key factors considered by the board including financial impact and risk assessment

7. Resolutions: Specific decisions made by the board regarding the facility

8. Authorization: Named individuals authorized to execute documents and take actions

9. Certification: Certification by company secretary or chairman of the validity of the resolution

What sections are optional to include in a Board Resolution For Credit Facility?

1. Prior Resolutions: Reference to any previous relevant board resolutions - include if this resolution amends or replaces previous decisions

2. Security Details: If specific security or collateral is being provided, include details of the security arrangements

3. Financial Covenants: If the facility includes specific financial covenants, detail these requirements

4. Conditions Precedent: If there are specific conditions that must be met before the facility can be drawn, include these

5. Related Party Disclosures: Include if any directors have conflicts of interest to declare

What schedules should be included in a Board Resolution For Credit Facility?

1. Schedule A - Facility Terms: Detailed terms and conditions of the credit facility as provided by the lender

2. Schedule B - Security Details: Details of any security or collateral being provided

3. Appendix 1 - Authorized Signatories: List of authorized signatories with specimen signatures

4. Appendix 2 - Supporting Documents: List of supporting documents including facility letter from bank, term sheet, or security documents

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

South Africa

Publisher

Genie AI

Document Type

Board Resolution

Cost

Free to use
Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Mining and Resources

Technology

Real Estate

Agriculture

Healthcare

Construction

Transport and Logistics

Energy

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Corporate Secretariat

Risk Management

Compliance

Corporate Finance

Executive Management

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Finance Director

Treasury Manager

Financial Manager

Corporate Finance Manager

Board Director

Managing Director

Commercial Director

Risk Manager

Compliance Officer

Industries
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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