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Private Lender Loan Agreement

Private Lender Loan Agreement Template for New Zealand

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Key Requirements PROMPT example:

Private Lender Loan Agreement

"I need a Private Lender Loan Agreement for a NZD 250,000 secured business loan to finance equipment purchase, with quarterly repayments over 3 years starting March 2025, including early repayment options and requiring the borrower to maintain specified insurance coverage."

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Document background
This Private Lender Loan Agreement is designed for use in New Zealand when an individual or entity (the private lender) provides a loan to another party (the borrower). The document ensures compliance with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003, Contract and Commercial Law Act 2017, and related financial legislation. It is suitable for various lending scenarios, from personal loans to business financing, and can accommodate both secured and unsecured lending arrangements. The agreement includes comprehensive terms covering loan amount, interest calculations, repayment schedules, security provisions, events of default, and enforcement rights, while incorporating mandatory disclosure requirements and consumer protection measures required under New Zealand law.
Suggested Sections

1. Parties: Identifies and provides full details of the lender and borrower

2. Background: Sets out the context of the loan agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation rules

4. Loan Amount and Purpose: Specifies the loan amount and permitted use of funds

5. Interest Rate and Calculations: Details the interest rate, calculation method, and frequency

6. Repayment Terms: Specifies repayment schedule, amounts, and payment methods

7. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial situation and ability to repay

8. Borrower's Obligations: Ongoing obligations of the borrower during the loan term

9. Events of Default: Defines circumstances constituting default and consequences

10. Lender's Rights and Remedies: Actions available to lender in case of default or breach

11. Costs and Expenses: Allocation of costs related to the loan agreement

12. General Provisions: Standard contract clauses including notices, amendments, and governing law

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Arrangements: Required when the loan is secured against property or assets

2. Guarantor Provisions: Required when a guarantor is providing additional security for the loan

3. Early Repayment: Include when early repayment is permitted with specific terms

4. Insurance Requirements: Include when specific insurance coverage is required for secured assets

5. Draw Down Conditions: Include for loans with multiple draw downs or specific conditions for access to funds

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

7. Financial Covenants: Include for larger loans requiring ongoing financial performance measures

8. Subordination Provisions: Required when the loan needs to be subordinated to other debt

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Initial Disclosure Statement: Mandatory disclosure information required under CCCFA

3. Security Details: Description of any security provided, including asset details

4. Guarantor Details: Personal and contact information for any guarantors

5. Fees Schedule: Breakdown of all applicable fees and charges

6. Conditions Precedent: List of conditions to be satisfied before loan advancement

7. Draw Down Schedule: Timeline and conditions for multiple draw downs if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Real Estate

Small Business

Agriculture

Construction

Manufacturing

Retail

Professional Services

Technology

Healthcare

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Assessment

Treasury

Debt Collection

Business Development

Account Management

Corporate Advisory

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Contract Administrator

Financial Controller

Loan Officer

Business Development Manager

Account Manager

Corporate Lawyer

Treasury Manager

Debt Collection Officer

Financial Advisor

Industries








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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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