Loan Facilitation Agreement for South Africa

Loan Facilitation Agreement Template for South Africa

This agreement governs the relationship between loan facilitators and lenders in South Africa, establishing the terms and conditions under which the facilitator will source, process, and manage loan applications on behalf of the lender(s). The document ensures compliance with South African legislation, particularly the National Credit Act and Financial Intelligence Centre Act, while defining the roles, responsibilities, compensation structure, and operational procedures for all parties involved. It includes provisions for regulatory compliance, risk management, data protection, and service level requirements.

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What is a Loan Facilitation Agreement?

The Loan Facilitation Agreement is essential for businesses operating in South Africa's lending sector where an intermediary facilitates loan arrangements between lenders and borrowers. This document is particularly relevant in the context of South Africa's highly regulated credit market, where compliance with the National Credit Act and other financial regulations is crucial. The agreement typically covers key aspects such as service scope, regulatory compliance requirements, commission structures, and operational procedures. It's commonly used when establishing new lending partnerships, launching digital lending platforms, or formalizing existing loan facilitation arrangements. The document must incorporate specific South African regulatory requirements while maintaining commercial flexibility for the parties involved.

What sections should be included in a Loan Facilitation Agreement?

1. Parties: Identification of the Loan Facilitator, Lender(s), and any other relevant parties to the agreement

2. Background: Context of the agreement, including the facilitator's role and general purpose of the arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope: Formal appointment of the facilitator and detailed scope of facilitation services

5. Facilitator's Obligations: Detailed responsibilities of the facilitator including loan origination, documentation, and compliance duties

6. Lender's Obligations: Responsibilities and commitments of the lender(s) in the facilitation arrangement

7. Compliance Requirements: Obligations regarding National Credit Act, FICA, and other regulatory requirements

8. Fees and Commission: Fee structure, payment terms, and commission arrangements

9. Representations and Warranties: Standard and specific warranties from all parties

10. Duration and Termination: Term of the agreement and termination provisions

11. Confidentiality: Confidentiality obligations and data protection requirements

12. Dispute Resolution: Process for handling disputes between parties

13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Loan Facilitation Agreement?

1. White Label Services: Include when the facilitator provides services under the lender's brand

2. Technology Platform: Include when the facilitation involves use of specific software or technology platforms

3. Credit Assessment Procedures: Include when the facilitator is involved in credit assessment processes

4. Marketing and Referral Terms: Include when the facilitator has marketing or referral responsibilities

5. Multiple Lender Provisions: Include when the facilitator works with multiple lenders

6. Security Requirements: Include when specific security or guarantees are required

7. Service Level Agreement: Include when specific performance metrics need to be maintained

What schedules should be included in a Loan Facilitation Agreement?

1. Fee Schedule: Detailed breakdown of all fees, commissions, and payment terms

2. Service Specifications: Detailed description of facilitation services and processes

3. Compliance Procedures: Detailed compliance procedures and checklists

4. Required Forms and Templates: Standard forms and templates used in the facilitation process

5. Technology Specifications: Technical requirements and specifications for any technology platforms

6. Approved Lender List: List of approved lenders if multiple lender arrangement

7. KYC and Due Diligence Requirements: Detailed KYC and due diligence procedures

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

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Fintech

Consumer Lending

Microfinance

Asset Finance

Property Finance

Commercial Lending

Retail

Technology

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Credit

Business Development

Partnerships

Commercial

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Risk Officer

Head of Lending

Credit Manager

Compliance Officer

Legal Counsel

Business Development Manager

Operations Manager

Partnership Manager

Financial Director

Credit Risk Analyst

Commercial Director

Relationship Manager

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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