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Friendly Loan Agreement for New Zealand

Friendly Loan Agreement Template for New Zealand

A Friendly Loan Agreement is a legally binding document used in New Zealand to formalize lending arrangements between parties who have a personal or informal relationship. While maintaining a less formal tone than commercial loan agreements, it still incorporates all essential elements required under New Zealand contract law to ensure enforceability. The agreement covers key aspects such as loan amount, repayment terms, any applicable interest, and default provisions, while being compliant with New Zealand's Contract and Commercial Law Act 2017 and relevant financial regulations.

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What is a Friendly Loan Agreement?

The Friendly Loan Agreement is designed for use in New Zealand when individuals wish to formalize a lending arrangement while maintaining the informal nature of their relationship. This document is particularly useful for loans between family members, friends, or close associates who want to ensure clear understanding and legal protection while avoiding the complexity of commercial loan documentation. The agreement includes essential terms required by New Zealand law while remaining accessible and easy to understand. It covers loan amount, repayment schedule, interest (if any), default provisions, and basic security measures if required. While termed a "Friendly Loan Agreement," it still maintains legal enforceability under New Zealand's Contract and Commercial Law Act 2017, providing protection for both lender and borrower while preserving their relationship.

What sections should be included in a Friendly Loan Agreement?

1. Parties: Identifies and provides full legal names and addresses of the lender and borrower

2. Background: Briefly explains the context of the loan and the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the amount being borrowed and its intended use

5. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and method

6. Interest: Specifies whether interest applies, and if so, the rate and calculation method

7. Early Repayment: Outlines the borrower's right to repay the loan early and any associated conditions

8. Default: Defines what constitutes a default and the consequences

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

10. General Provisions: Contains standard contract clauses including governing law, entire agreement, and amendments

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

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

2. Guarantor: Include when a third party is guaranteeing the loan

3. Late Payment: Include when there are specific penalties or processes for late payments

4. Insurance: Include when insurance is required for secured assets or loan protection

5. Assignment: Include when either party may need to transfer their rights under the agreement

6. Force Majeure: Include when parties want to account for unforeseen circumstances affecting repayment

What schedules should be included in a Friendly Loan Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule 2 - Asset Register: List and description of any assets provided as security (if applicable)

3. Schedule 3 - Special Conditions: Any special arrangements or conditions agreed between the parties

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

New Zealand

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
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Relevant Industries

Personal Finance

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