Small Credit Agreement for South Africa

Small Credit Agreement Template for South Africa

A Small Credit Agreement governed by South African law is a standardized credit contract designed to comply with the National Credit Act 34 of 2005 and its amendments. This agreement documents the terms and conditions of a small-value credit facility between a registered credit provider and a consumer. It includes mandatory provisions for interest rates, fees, and charges as prescribed by the NCA, consumer protection clauses, repayment terms, and all required statutory disclosures. The agreement ensures transparency in credit provision while protecting both the lender's and borrower's interests within South Africa's regulatory framework.

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What is a Small Credit Agreement?

The Small Credit Agreement is designed for use in South Africa when providing credit facilities of relatively small values to consumers. It serves as a legally binding contract between credit providers and consumers, incorporating all requirements of the National Credit Act 34 of 2005 and its regulations. This document is essential for any credit provider engaging in consumer lending, whether in retail, banking, or microfinance sectors. The agreement includes mandatory disclosures, cost of credit calculations, repayment schedules, and consumer protection provisions. It's particularly relevant for credit facilities below the threshold specified in the NCA regulations and requires registration with the National Credit Regulator. The document ensures compliance with South African consumer credit legislation while protecting both the credit provider's and borrower's interests.

What sections should be included in a Small Credit Agreement?

1. Parties: Identification of the credit provider and consumer, including registration numbers and contact details as required by the NCA

2. Background: Brief context of the credit agreement and confirmation that pre-agreement disclosures have been made as required by the NCA

3. Definitions: Key terms used in the agreement, including statutory definitions from the NCA

4. Loan Amount and Purpose: Specification of the principal debt and intended purpose of the credit

5. Cost of Credit: Breakdown of interest rates, initiation fees, service fees, and other charges as prescribed by the NCA

6. Repayment Terms: Payment schedule, method of payment, and payment dates

7. Consumer Rights: Statutory rights under the NCA including right to early settlement and cooling-off period

8. Default and Collections: Consequences of default and collection procedures in compliance with the NCA

9. Statements and Notifications: Requirements for account statements and important notifications

10. General Terms: Standard contractual provisions including governing law and jurisdiction

What sections are optional to include in a Small Credit Agreement?

1. Credit Insurance: Required if credit insurance is mandatory or offered as part of the agreement

2. Security Provisions: Include if any form of security is required for the credit facility

3. Direct Debit Authorization: Include if automatic payments are to be set up

4. Co-signer Terms: Required if there is a guarantor or co-signer for the credit

5. Debt Counselling Notice: Include for consumers who are under debt review or considering it

What schedules should be included in a Small Credit Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing all payments, interest, and fees

2. Schedule B - Pre-Agreement Statement and Quotation: Statutory pre-agreement disclosure as required by the NCA

3. Schedule C - Credit Insurance Details: Details of credit insurance if applicable

4. Appendix 1 - Proof of Income: Consumer's income verification documents

5. Appendix 2 - FICA Documentation: Required identity and address verification 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

Financing Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Microfinance

Retail Credit

Consumer Finance

Financial Services

Consumer Goods

Telecommunications

Furniture Retail

Vehicle Finance

Education Finance

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Customer Service

Collections

Finance

Sales

Credit Assessment

Documentation

Relevant Roles

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Credit Assessor

Financial Manager

Loans Officer

Contract Administrator

Credit Operations Manager

Consumer Credit Specialist

Debt Collection Manager

Customer Service Manager

Credit Risk Analyst

Branch Manager

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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