Ƶ

Loan Agreement Between Lender Borrower And Guarantor for Australia

Loan Agreement Between Lender Borrower And Guarantor Template for Australia

A comprehensive legal document governed by Australian law that establishes the terms and conditions of a loan arrangement between three primary parties: a lender who provides the funds, a borrower who receives and agrees to repay the loan, and a guarantor who provides additional security by guaranteeing the borrower's obligations. The agreement complies with Australian federal and state legislation, including the National Consumer Credit Protection Act 2009 and relevant state contract laws, while detailing the loan amount, interest rates, repayment terms, security arrangements, and the specific obligations of each party, with particular emphasis on the guarantor's commitments and limitations.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Loan Agreement Between Lender Borrower And Guarantor

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Loan Agreement Between Lender Borrower And Guarantor?

The Loan Agreement Between Lender Borrower And Guarantor is a vital financial instrument used in Australian lending practices when additional security is required beyond the borrower's direct obligations. This document is typically employed when the lender requires extra assurance for loan repayment, particularly in situations involving substantial loan amounts, borrowers with limited credit history, or high-risk lending scenarios. The agreement comprehensively details the loan terms, repayment conditions, and the guarantor's obligations while ensuring compliance with Australian credit legislation, consumer protection laws, and state-specific requirements. It includes essential provisions for interest calculations, default scenarios, enforcement mechanisms, and the specific circumstances under which the guarantor's obligations can be called upon. The document is structured to protect all parties' interests while maintaining compliance with regulatory requirements, including mandatory disclosure obligations under Australian law.

What sections should be included in a Loan Agreement Between Lender Borrower And Guarantor?

1. Parties: Identifies and provides full details of the Lender, Borrower, and Guarantor

2. Background: Explains the context of the loan and guarantee arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement

4. The Loan: Details the loan amount, purpose, and drawdown conditions

5. Interest: Specifies interest rate, calculation method, and payment terms

6. Repayment: Sets out repayment schedule, methods, and prepayment terms

7. Guarantee and Indemnity: Establishes the Guarantor's obligations and extent of liability

8. Representations and Warranties: States the facts and assurances provided by each party

9. Borrower's Covenants: Lists ongoing obligations and restrictions on the Borrower

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

11. Enforcement: Details the Lender's rights and remedies upon default

12. Expenses and Indemnities: Allocates costs and establishes indemnification obligations

13. Notices: Specifies how formal communications between parties should be made

14. General Provisions: Contains standard boilerplate clauses including governing law, jurisdiction, and amendment procedures

What sections are optional to include in a Loan Agreement Between Lender Borrower And Guarantor?

1. Security: Include when the loan is secured against specific assets

2. Insurance Requirements: Include when specific insurance coverage is required for secured assets or the Borrower

3. Priority Arrangements: Include when there are multiple lenders or security interests to be ranked

4. Special Drawdown Conditions: Include for complex loans with multiple drawdown phases or conditions

5. Financial Covenants: Include for business loans requiring ongoing financial performance metrics

6. Guarantee Limitations: Include when the guarantee is limited in amount or scope

7. Change of Control: Include for corporate borrowers where ownership changes affect the loan

8. Additional Guarantor Provisions: Include when multiple guarantors are involved or for complex guarantee arrangements

What schedules should be included in a Loan Agreement Between Lender Borrower And Guarantor?

1. Schedule 1 - Loan Details: Key commercial terms including loan amount, interest rate, and repayment schedule

2. Schedule 2 - Drawdown Notice: Form of drawdown request to be used by the Borrower

3. Schedule 3 - Repayment Schedule: Detailed amortization table or repayment structure

4. Schedule 4 - Security Details: Description of any secured assets and security arrangements

5. Schedule 5 - Guarantor Acknowledgment: Statutory warnings and acknowledgments required for guarantors under Australian law

6. Schedule 6 - Conditions Precedent: List of documents and conditions required before loan advancement

7. Appendix A - Direct Debit Authority: Form for setting up automatic loan repayments

8. Appendix B - Privacy Consent: Required privacy acknowledgments and consents under Australian law

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Financial Services

Banking

Real Estate

Commercial Lending

Private Lending

Small Business

Corporate Finance

Property Development

Construction

Retail

Manufacturing

Professional Services

Relevant Teams

Legal

Finance

Credit

Compliance

Risk Management

Commercial Banking

Corporate Finance

Documentation

Loan Operations

Client Relations

Treasury

Corporate Advisory

Relevant Roles

Credit Manager

Loan Officer

Financial Advisor

Legal Counsel

Compliance Officer

Risk Manager

Commercial Banking Manager

Credit Analyst

Legal Document Specialist

Relationship Manager

Corporate Lawyer

Banking Executive

Mortgage Specialist

Contract Administrator

Chief Financial Officer

Finance Director

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

Find the exact document you need

Auto Loan Promissory Note

An Australian-compliant template for vehicle loan agreements that establishes loan terms, security interests, and obligations under national consumer credit laws.

Download

Contract To Take Over Car Payments

An Australian legal agreement for transferring car payment obligations from one borrower to another, compliant with national consumer credit laws.

Download

Private Lender Contract

An Australian-law governed agreement establishing terms and conditions for private lending arrangements, including loan details, security, and compliance with national lending regulations.

Download

Vendor Finance Loan Agreement

An Australian-law governed template agreement for vendor financing arrangements, incorporating security interests and compliance with local credit legislation.

Download

OverLoan Agreement

An Australian-law governed agreement establishing an overdraft facility between a financial institution and borrower, detailing credit limits, terms, and obligations under Australian banking regulations.

Download

Fixed Sum Loan Agreement Early Settlement

An Australian-compliant loan agreement template for fixed sum loans with early settlement provisions, meeting National Consumer Credit Protection Act requirements.

Download

Employee Loan Agreement Interest

An Australian-compliant interest-free loan agreement between employer and employee, including repayment terms and FBT considerations.

Download

Employee Computer Loan Agreement

An Australian law agreement governing the loan of computer equipment from employer to employee, establishing terms, conditions, and mutual obligations.

Download

Facility Agreement Loan

An Australian law-governed agreement setting out terms and conditions for the provision of loan facilities between lenders and borrowers, including key financial and operational terms.

Download

Acknowledgement Of Debt Agreement

An Australian-compliant legal document where a debtor formally acknowledges their debt and agrees to specific repayment terms under Australian law.

Download

Personal Loan To Business Agreement

An Australian-law governed agreement between an individual lender and a business borrower, establishing terms and conditions for a business loan.

Download

Loan Agreement Between Family Members

An Australian-compliant legal agreement that formalizes and documents loan arrangements between family members, including terms, conditions, and repayment schedules.

Download

Standard Mortgage Agreement

An Australian-law governed agreement establishing the terms and security arrangements for a mortgage loan secured against real property.

Download

Director Loan To Company Agreement

An Australian law-governed agreement documenting the terms and conditions of a loan provided by a director to their company, ensuring regulatory compliance and protecting both parties' interests.

Download

Construction Loan Contract

An Australian legal agreement for progressive funding of construction projects, governing both financial and construction aspects under Australian federal and state laws.

Download

Commercial Real Estate Loan Term Sheet

Australian-compliant template outlining key terms and conditions for commercial real estate loan facilities.

Download

Demand Loan

Australian-compliant demand loan agreement template allowing lenders to call for repayment at any time, suitable for both consumer and business lending.

Download

Balloon Loan Agreement

An Australian-compliant loan agreement template featuring regular payments and a final balloon payment, structured according to Australian financial and consumer protection laws.

Download

Loan Agreement Between Two Individuals

An Australian-compliant loan agreement template for personal lending between individuals, establishing terms, conditions, and obligations for both parties.

Download

Simple Intercompany Loan Agreement

An Australian law template for documenting loan arrangements between related companies within the same corporate group.

Download

Loan Agreement Between Companies

Australian corporate loan agreement template for inter-company lending, compliant with Australian corporate and financial services laws.

Download

Home Equity Loan Agreement

Australian-compliant Home Equity Loan Agreement Template establishing terms for property equity-secured lending, including mandatory consumer protection provisions.

Download

Simple Promissory Note For Family Loan

An Australian legal document that formalizes and documents the terms of a monetary loan between family members, providing legal protection while maintaining familial considerations.

Download

Debt Payment Agreement

An Australian-compliant template for structuring and documenting debt repayment arrangements between creditors and debtors, incorporating all essential legal and practical provisions.

Download

Inter Lender Agreement

An Australian law-governed agreement establishing rights, priorities, and relationships between multiple lenders in a financing arrangement.

Download

Hand Loan Agreement

An Australian-compliant agreement documenting the terms and conditions of a personal or small business loan between parties, including loan amount, interest, and repayment terms.

Download

Flexi Finance Loan Agreement

An Australian-compliant flexible finance agreement establishing a revolving credit facility with variable drawdown and repayment terms.

Download

Credit Terms Agreement

An Australian-compliant template for establishing credit arrangements between providers and customers, incorporating all necessary legal and regulatory requirements.

Download

Assignment Of Loan Agreement

Australian-compliant template for transferring loan rights and obligations from one lender to another, suitable for various types of loan assignments under Australian law.

Download

Agreement Between Two Persons For Money

An Australian law-governed agreement formalizing financial arrangements between two individuals, including payment terms and obligations.

Download

Subordinated Loan Agreement

Australian law template for subordinated loan arrangements, establishing terms for junior-ranking debt with comprehensive creditor provisions.

Download

Loan Payment Agreement

An Australian-law governed agreement establishing loan terms, repayment conditions, and parties' obligations in a lending arrangement.

Download

Loan Participation Agreement

Australian law-governed template for loan participation arrangements between financial institutions, establishing terms for loan interest transfers and regulatory compliance.

Download

Simple Loan Application Form

An Australian-compliant loan application form template for collecting and assessing borrower information in accordance with national lending regulations.

Download

Private Lending Term Sheet

An Australian law-compliant template outlining key terms and conditions for private lending arrangements, serving as the foundation for the final loan agreement.

Download

Personal Loan Receipt

An Australian-compliant template for documenting personal loan receipts, capturing loan details and acknowledgment of funds transfer between parties.

Download

Payday Loan Contract

An Australian-compliant payday loan contract template for small amount credit contracts (SACCs), incorporating all regulatory requirements and consumer protections under Australian law.

Download

Facility Agreement

An Australian law-governed template agreement setting out terms and conditions for corporate lending facilities, including key provisions for facility mechanics, security, and covenants.

Download

Debt Repayment Contract

An Australian-compliant Debt Repayment Contract Template for documenting and managing debt repayment arrangements between creditors and debtors.

Download

Employee Forgivable Loan Agreement

An Australian-law governed agreement establishing terms for an employer-provided loan to an employee that can be forgiven based on specified employment and performance conditions.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it