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Loan Purchase And Sale Agreement Template for Singapore

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Key Requirements PROMPT example:

Loan Purchase And Sale Agreement

"Need a Loan Purchase and Sale Agreement under Singapore law for the acquisition of a corporate loan portfolio worth SGD 50 million from DBS Bank, with completion scheduled for March 2025 and including ongoing servicing arrangements."

Document background
The Loan Purchase and Sale Agreement is a crucial document used in Singapore's financial markets when transferring loan portfolios between institutions. It is commonly used for portfolio restructuring, risk management, or strategic business purposes. The agreement must comply with Singapore's stringent regulatory requirements, including MAS guidelines and banking regulations. It typically includes detailed provisions on loan transfer mechanics, representations about the loan quality, compliance with banking secrecy laws, and data protection requirements. The document is particularly important in Singapore's context as a major financial hub where loan portfolio transactions are common.
Suggested Sections

1. Parties: Identification of seller and purchaser of the loans

2. Background: Context of the transaction and description of the loan portfolio

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core transaction terms including purchase price and payment mechanics

5. Conditions Precedent: Prerequisites for completion of the transaction

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Completion: Process and requirements for closing the transaction

Optional Sections

1. Transfer Mechanics: Detailed process for loan transfer when dealing with complex loan portfolios or specific transfer requirements

2. Servicing Arrangements: Terms for ongoing loan servicing when seller continues to service the loans post-sale

3. Regulatory Compliance: Specific regulatory obligations when dealing with regulated entities or specific compliance requirements

Suggested Schedules

1. Loan Schedule: Detailed list of loans being sold including key terms and outstanding amounts

2. Form of Transfer Documents: Templates for assignment or novation documentation

3. Due Diligence Findings: Summary of due diligence results and any identified issues

4. Form of Notices: Templates for notices to borrowers regarding the transfer

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































Industries

Banking Act (Cap. 19): Primary legislation governing banking institutions and their activities in Singapore, including regulations on loan transactions and transfers

Securities and Futures Act (Cap. 289): Regulates financial products and services, particularly relevant if the loan sale involves securitization or is part of a larger financial instrument

Moneylenders Act (Cap. 188): Governs money lending activities in Singapore, relevant when the original loan was provided by a licensed moneylender

Contract Law (Application of English Law Act): Establishes the application of English contract law principles in Singapore, fundamental for the agreement's structure and interpretation

Civil Law Act (Cap. 43): Provides the basic framework for civil matters including contract law principles in Singapore

MAS Guidelines on Assignment of Loans: Regulatory guidelines from the Monetary Authority of Singapore specifically addressing loan assignment procedures and requirements

MAS Notice 632: Specific notice from MAS governing loan sales and purchases, including documentation and reporting requirements

Singapore Code of Corporate Governance: Guidelines for corporate governance practices, relevant for institutional parties involved in the loan purchase and sale

PDPA Compliance: Personal Data Protection Act requirements for handling borrower information during loan transfers

Banking Secrecy Provisions: Legal requirements regarding confidentiality of banking customer information during loan transfers

Notice Requirements: Legal obligations regarding notification to borrowers about the loan sale and transfer

Consent Requirements: Regulations governing when and how to obtain necessary consents from borrowers or other parties

Anti-Money Laundering Requirements: Compliance requirements with AML regulations during loan transfers, including due diligence on parties involved

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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