The Peer to Peer Lending Agreement is essential for facilitating direct lending transactions between individuals in Ireland's growing alternative finance sector. This document is used when individuals wish to lend money to other individuals or businesses through regulated P2P platforms, providing a legally binding framework that protects both parties' interests. The agreement must comply with Irish financial services regulations, including the Consumer Credit Act 1995, relevant EU directives, and the Central Bank of Ireland's requirements for P2P lending. It includes comprehensive details about loan terms, repayment obligations, interest calculations, default procedures, and regulatory compliance measures. The document is particularly relevant in today's digital lending environment, where traditional banking alternatives are increasingly sought after, and ensures that all parties understand their rights and obligations while maintaining compliance with Irish and EU regulatory requirements.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the agreement, including the purpose of the loan and the platform through which it is arranged
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Specific details of the loan including principal amount, interest rate, and term
5. Disbursement of Funds: Terms and conditions for the release of loan funds to the Borrower
6. Repayment Terms: Details of repayment schedule, payment methods, and calculation of payments
7. Interest: Interest calculation method, rate, and payment frequency
8. Representations and Warranties: Statements of fact and promises made by both parties
9. Borrower's Covenants: Ongoing obligations and commitments of the Borrower
10. Events of Default: Circumstances constituting default and consequences
11. Remedies: Rights and remedies available to the Lender in case of default
12. Early Repayment: Terms and conditions for early loan repayment
13. Fees and Charges: Details of all applicable fees and charges
14. Notices: How formal communications between parties should be made
15. Data Protection: GDPR compliance and data handling provisions
16. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Security: Required if the loan is secured against any assets
2. Guarantor Provisions: Required if there is a guarantor for the loan
3. Insurance Requirements: Required if specific insurance must be maintained
4. Assignment and Transfer: Include if rights under the agreement can be transferred
5. Platform Terms: Required if the loan is arranged through a P2P platform
6. Tax Provisions: Detailed tax implications if complex tax arrangements apply
7. Force Majeure: Include for longer-term loans to address unforeseen circumstances
8. Entire Agreement: Include if there are multiple related documents or prior agreements
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rate, payment schedule
2. Schedule 2 - Repayment Schedule: Amortization table showing payment dates and amounts
3. Schedule 3 - Direct Debit Mandate: Form for setting up automatic payments
4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees
5. Schedule 5 - KYC Requirements: List of required documentation for identity verification
6. Appendix A - Standard Terms: Platform's standard terms and conditions if applicable
7. Appendix B - Complaints Procedure: Required procedure for handling disputes or complaints
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