Uploaded by: Lilia Giles at February 13 2018 20:29:58.
Sale of the loan proviso: A lender might want to include the option of selling the loan to another party. This allows the lender to free themselves from the agreement through the sale, while still recouping some money. The loan buyer then becomes the creditor. The borrower remains the debtor and must repay the new loan holder.
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.
Any provisions that apply to the loan are also something the document includes. The form is to ensure that both the borrower and lender agree to the terms and provisions. Once the borrower, lender, and a witness document the form it is a legal and binding agreement. When loaning money, if you want to ensure repayment, use the personal loan agreement. With the provisions in the document the regulations are clear. After signing it, the borrower or the lender cannot make changes to the initial agreement.
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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