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Loan Transfer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Loan Transfer Agreement

"I need a Loan Transfer Agreement under New Zealand law for transferring a secured commercial property loan portfolio from ABC Bank to XYZ Investment Fund, with the original borrower's consent required and Security Trustee provisions included."

Document background
The Loan Transfer Agreement is a crucial document used in New Zealand's financial markets when one lender wishes to transfer their rights and obligations under a loan agreement to another party. This document is essential for loan portfolio management, debt trading, and financial institution restructuring. The agreement must comply with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017, Property Law Act 2007, and where applicable, the Credit Contracts and Consumer Finance Act 2003. It typically includes detailed provisions covering the transfer mechanism, pricing, completion requirements, and treatment of security interests. The document is adaptable for various types of loans, from simple bilateral arrangements to complex syndicated facilities, and can accommodate both consumer and commercial lending scenarios.
Suggested Sections

1. Parties: Identifies the transferor (existing lender), transferee (new lender), and any other relevant parties such as security trustee or borrower if they are party to the agreement

2. Background: Describes the existing loan agreement, the intent to transfer, and any relevant context

3. Definitions: Defines key terms used in the agreement, including references to the original loan agreement and related documents

4. Transfer: Core provision documenting the transfer of rights and obligations from transferor to transferee

5. Transfer Price: Specifies the consideration for the transfer and payment mechanisms

6. Completion: Details the completion process, timing, and deliverables required for the transfer to take effect

7. Representations and Warranties: Standard representations from both transferor and transferee regarding capacity, authority, and loan status

8. Notices: Specifies how and where notices under the agreement should be delivered

9. Governing Law and Jurisdiction: Confirms New Zealand law as governing law and jurisdiction for disputes

10. Execution: Signature blocks for all parties

Optional Sections

1. Security Transfer: Required if the loan is secured and security interests need to be transferred

2. Consent: Required if borrower or other party consent is needed for the transfer

3. Tax Provisions: Include if there are specific tax implications or requirements for the transfer

4. Confidentiality: Include if not covered in the original loan agreement or if additional provisions are needed

5. Further Assurance: Optional clause requiring parties to take additional steps if needed to perfect the transfer

6. CCCFA Compliance: Required if the loan is a consumer credit contract under the CCCFA

7. Privacy and Data Protection: Include if transfer involves significant personal data transfer

Suggested Schedules

1. Schedule 1 - Loan Details: Details of the loan being transferred, including facility amount, outstanding balance, and key terms

2. Schedule 2 - Transfer Documents: List of all documents to be delivered on completion

3. Schedule 3 - Existing Security: Details of any security interests being transferred

4. Schedule 4 - Form of Transfer Notices: Template notices to borrower and other relevant parties regarding the transfer

5. Schedule 5 - Completion Checklist: Detailed list of actions required to complete the transfer

6. Appendix A - Original Loan Agreement: Copy of the loan agreement being transferred

7. Appendix B - Security Documents: Copies of relevant security documents if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































Clauses







































Relevant Industries

Banking

Financial Services

Investment Management

Real Estate

Commercial Lending

Asset Management

Private Equity

Insurance

Corporate Finance

Debt Capital Markets

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Operations

Portfolio Management

Transaction Management

Loan Administration

Documentation

Deal Management

Investment

Corporate Banking

Syndications

Relevant Roles

Legal Counsel

Finance Manager

Credit Manager

Loan Officer

Portfolio Manager

Compliance Officer

Risk Manager

Transaction Manager

Investment Director

Treasury Manager

Debt Administrator

Corporate Lawyer

Banking Executive

Financial Controller

Operations 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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