Ƶ

Loan Purchase Agreement for Australia

Loan Purchase Agreement Template for Australia

An Australian law-governed agreement that facilitates the transfer of a loan portfolio from one entity to another. The document comprehensively addresses the sale and purchase mechanics, including purchase price calculations, representations and warranties, regulatory compliance requirements under Australian financial services laws, and detailed procedures for transferring loan and security documentation. It incorporates specific provisions to ensure compliance with Australian consumer credit laws, privacy regulations, and personal property securities legislation while establishing clear rights and obligations for both the seller and purchaser throughout the transfer process.

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 Purchase Agreement

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

What is a Loan Purchase Agreement?

The Loan Purchase Agreement is a critical document used in Australian financial markets to facilitate the transfer of loan portfolios between financial institutions. It is commonly employed in situations involving debt portfolio sales, bank asset disposals, securitization transactions, or strategic acquisitions of loan books. The agreement must comply with Australian regulatory requirements, including the National Consumer Credit Protection Act, Personal Property Securities Act, and Privacy Act. It typically includes detailed schedules specifying the loan portfolio characteristics, purchase price mechanisms, and completion requirements. This document is essential for financial institutions looking to manage their loan book exposure, optimize capital allocation, or execute strategic portfolio acquisitions, while ensuring all necessary regulatory and operational requirements are met under Australian law.

What sections should be included in a Loan Purchase Agreement?

1. Parties: Identifies the seller and purchaser of the loan portfolio, including their legal entity details and ABN/ACN

2. Background: Sets out the context of the transaction, including brief description of the loan portfolio and parties' intentions

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

4. Sale and Purchase: Core transaction terms including agreement to sell and purchase the loan portfolio

5. Purchase Price and Payment: Details of the purchase price, calculation methodology, and payment terms

6. Completion: Requirements and procedures for completion of the transfer, including timing and deliverables

7. Seller's Representations and Warranties: Comprehensive warranties about the loan portfolio, seller's authority, and compliance with laws

8. Purchaser's Representations and Warranties: Warranties from the purchaser regarding authority, capacity, and regulatory compliance

9. Pre-Completion Obligations: Obligations of both parties between signing and completion, including conduct of business provisions

10. Transfer and Assignment: Mechanics for transferring the loans, security interests, and related rights

11. Notices and Communications: Process for formal communications between parties

12. Confidentiality: Obligations regarding confidential information and announcements

13. GST: Treatment of GST in relation to the transaction

14. General Provisions: Standard boilerplate provisions including governing law, amendments, and severability

What sections are optional to include in a Loan Purchase Agreement?

1. Transitional Services: Include when the seller will provide temporary servicing or transition support post-completion

2. Regulatory Approvals: Include when specific regulatory approvals are required for the transaction

3. Security Trust: Include when security interests are held on trust and require specific trust arrangements

4. Customer Notification: Include when specific customer notification requirements need to be detailed

5. Data Protection: Include when transfer involves significant personal data handling requirements

6. Post-Completion Adjustments: Include when purchase price may be adjusted based on post-completion reconciliation

7. Servicing Arrangements: Include when ongoing loan servicing arrangements need to be detailed

8. Break Fees: Include when early termination or break fee provisions are required

What schedules should be included in a Loan Purchase Agreement?

1. Schedule 1 - Loan Portfolio Details: Detailed list and characteristics of loans being purchased

2. Schedule 2 - Purchase Price Calculation: Detailed methodology for calculating the purchase price

3. Schedule 3 - Completion Requirements: Checklist of documents and actions required for completion

4. Schedule 4 - Form of Transfer Documents: Pro forma transfer documentation for individual loans

5. Schedule 5 - Seller's Due Diligence Materials: List of due diligence materials provided by seller

6. Schedule 6 - Security Details: Details of security interests and PPSR registrations

7. Appendix A - Pro Forma Customer Notice: Template for notifying customers of the transfer

8. Appendix B - Data Tape Specifications: Technical specifications of the loan data provided

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

Banking and Financial Services

Investment Management

Asset Management

Non-Bank Lending

Fintech

Mortgage Services

Consumer Finance

Corporate Finance

Debt Collection

Financial Technology

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Operations

Credit Risk

Portfolio Management

Due Diligence

Regulatory Affairs

Deal Management

Transaction Services

Relevant Roles

Chief Financial Officer

Head of Legal

Portfolio Manager

Credit Risk Manager

Compliance Officer

Treasury Manager

Investment Director

Legal Counsel

Finance Director

Due Diligence Manager

Portfolio Analyst

Transaction Manager

Risk Officer

Operations Manager

Regulatory Compliance Manager

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.

find out more

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.

find out more

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.

find out more

Vendor Finance Loan Agreement

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

find out more

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.

find out more

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.

find out more

Employee Loan Agreement Interest

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

find out more

Employee Computer Loan Agreement

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

find out more

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.

find out more

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.

find out more

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.

find out more

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.

find out more

Standard Mortgage Agreement

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

find out more

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.

find out more

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.

find out more

Commercial Real Estate Loan Term Sheet

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

find out more

Demand Loan

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

find out more

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.

find out more

Loan Agreement Between Two Individuals

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

find out more

Simple Intercompany Loan Agreement

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

find out more

Loan Agreement Between Companies

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

find out more

Home Equity Loan Agreement

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

find out more

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.

find out more

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.

find out more

Inter Lender Agreement

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

find out more

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.

find out more

Flexi Finance Loan Agreement

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

find out more

Credit Terms Agreement

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

find out more

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.

find out more

Agreement Between Two Persons For Money

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

find out more

Subordinated Loan Agreement

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

find out more

Loan Payment Agreement

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

find out more

Loan Participation Agreement

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

find out more

Simple Loan Application Form

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

find out more

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.

find out more

Personal Loan Receipt

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

find out more

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.

find out more

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.

find out more

Debt Repayment Contract

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

find out more

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.

find out more
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