Uploaded by: Lilia Giles at February 14 2018 04:17:58.
If the Lender is in the business of providing loans, the provision of the National Credit Code under the National Consumer Credit Protection Act 2009 (Cth) may apply. Lenders should review whether the provisions of that Act apply to their lending activities and ensure that they are in compliance with the rules that apply to Australian credit licence holders by tailoring this agreement accordingly.
Where the Lender has requested that the borrower provide guarantors, those guarantors should also carefully read the entire Loan Agreement and their guarantee obligations, and sign where indicated.
This subfolder contains long and short form versions of loan agreements. These agreements contain a number of provisions including clauses on interest and repayments, and detailed provision for representations and warranties, covenants and undertakings. The Short Form Loan Agreement does not include the same level of detail or protection, and is suitable for less complex transactions.
If a Lender is a company, and the Loan is being provided to a shareholder of that company, parties should be aware of division 7A of the Income Tax Assessment Act 1936 (Cth). Where the parties believe that division 7A applies to the Loan, they may wish to use an alternative agreement – the Division 7A Loan Agreement.
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