Unsecured Loan Note for South Africa

Unsecured Loan Note Template for South Africa

A South African law-governed unsecured loan note is a formal financial instrument documenting the terms of an unsecured lending arrangement. It establishes the contractual relationship between the lender and borrower, detailing the principal amount, interest rates, repayment terms, and other key provisions. The document must comply with South African legislation, particularly the National Credit Act 34 of 2005 and related financial regulations. It provides a legally enforceable framework for the loan while protecting both parties' interests through clear terms and conditions.

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What is a Unsecured Loan Note?

The Unsecured Loan Note is a critical financial document used in South African business and lending practices when parties wish to establish a formal lending arrangement without specific collateral or security. This document is particularly relevant when the lender relies primarily on the borrower's creditworthiness and ability to repay rather than secured assets. It must comply with South African financial regulations, including the National Credit Act and Financial Intelligence Centre Act, while providing clear terms for the loan amount, interest, repayment schedule, and default provisions. The document is commonly used in corporate financing, business expansion, working capital funding, and various commercial contexts where secured lending is either unnecessary or impractical.

What sections should be included in a Unsecured Loan Note?

1. Parties: Identification of the Lender and Borrower with full legal names and registration/identification numbers

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpreting the document

4. The Loan: Principal amount, purpose, and basic terms of the loan

5. Interest: Interest rate, calculation method, and payment periods

6. Repayment: Repayment schedule, payment methods, and allocation of payments

7. Representations and Warranties: Statements of fact and assurances given by the Borrower

8. Events of Default: Circumstances that trigger default and consequences thereof

9. Notices: How formal communications between parties should be made

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Unsecured Loan Note?

1. Security: While primarily unsecured, might include negative pledge or other protective covenants

2. Conditions Precedent: Include if loan is to be drawn subject to certain conditions being met

3. Multiple Drawdowns: Include if the loan can be drawn in multiple tranches

4. Early Repayment: Include if early repayment is permitted with specific terms

5. Tax Gross-up: Include if tax implications need to be addressed specifically

6. Assignment and Transfer: Include if either party may need to transfer their rights or obligations

7. Financial Covenants: Include if specific financial metrics need to be maintained by Borrower

What schedules should be included in a Unsecured Loan Note?

1. Schedule 1 - Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Schedule 2 - Form of Drawdown Notice: Standard form for requesting loan disbursement

3. Schedule 3 - Calculation of Interest: Detailed methodology for interest calculation

4. Schedule 4 - Contact Details: Detailed contact information for both parties

5. Appendix A - Compliance Certificate: Template for periodic confirmation of compliance with loan terms

6. Appendix B - Know Your Customer Requirements: List of required KYC documentation as per FICA requirements

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

Promissory Note

Sector

Banking

Cost

Free to use
Clauses
Relevant Industries

Financial Services

Banking

Corporate Finance

Private Equity

Real Estate

Manufacturing

Retail

Technology

Healthcare

Mining

Agriculture

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Services

Credit

Investment

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Credit Manager

Financial Controller

Risk Manager

Business Development Manager

Account Manager

Investment Manager

Managing Director

Company Secretary

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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