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Small Loan Contract for New Zealand

Small Loan Contract Template for New Zealand

This document is a comprehensive small loan agreement designed for use in New Zealand, complying with the Credit Contracts and Consumer Finance Act 2003 and related regulations. It establishes the terms and conditions for providing and repaying a small loan, including interest rates, payment schedules, and borrower obligations. The contract incorporates mandatory consumer protections, disclosure requirements, and enforcement provisions specific to New Zealand law, while remaining accessible and clear for both lenders and borrowers. It includes provisions for both secured and unsecured loans, with optional sections for guarantors and specific security arrangements.

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Small Loan Contract

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What is a Small Loan Contract?

The Small Loan Contract template is designed to facilitate lending transactions in New Zealand while ensuring compliance with local regulations, particularly the Credit Contracts and Consumer Finance Act 2003 (CCCFA). This document is primarily used for personal or small business loans under a specified threshold, typically used by banks, credit unions, and licensed financial institutions. It contains all necessary disclosures, terms, and conditions required by New Zealand law, including interest calculations, repayment schedules, borrower rights, and lender obligations. The contract is structured to protect both parties' interests while maintaining transparency and fairness in accordance with NZ consumer protection laws. It can be customized for both secured and unsecured loans, with optional provisions for guarantors and various security arrangements.

What sections should be included in a Small Loan Contract?

1. Parties: Identification of the lender and borrower, including full legal names, addresses, and registration numbers where applicable

2. Background: Brief context of the loan arrangement and purpose

3. Definitions: Key terms used throughout the agreement, ensuring clarity and consistent interpretation

4. Loan Details: Principal amount, interest rate, term of loan, and payment schedule

5. Interest and Fees: Detailed breakdown of interest calculations, applicable fees, and charges

6. Repayment Terms: Payment amounts, frequency, method of payment, and early repayment provisions

7. Default and Enforcement: Consequences of default, enforcement rights, and remedies available to the lender

8. Borrower's Representations: Borrower's confirmations regarding their financial situation, understanding of the agreement, and ability to repay

9. Lender's Rights and Obligations: Lender's commitments, including CCCFA compliance and responsible lending obligations

10. General Provisions: Standard contract clauses including amendments, notices, governing law, and dispute resolution

What sections are optional to include in a Small Loan Contract?

1. Security: Required if the loan is secured against any assets, detailing the security arrangement and obligations

2. Guarantor Provisions: Required if there is a guarantor, outlining their obligations and liability

3. Insurance Requirements: Required if specific insurance must be maintained over secured assets or the borrower's life

4. Direct Debit Authority: Optional section for when automatic payments are being set up

5. Prepayment Terms: Detailed terms for early repayment if different from standard provisions

6. Special Conditions: Any unique terms specific to this loan arrangement

7. Co-Borrower Provisions: Required if there are multiple borrowers, detailing joint and several liability

What schedules should be included in a Small Loan Contract?

1. Schedule 1 - Initial Disclosure Statement: Mandatory CCCFA disclosure information including all key information about the loan

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment dates and amounts

3. Schedule 3 - Fee Schedule: Comprehensive list of all fees and charges that may apply

4. Schedule 4 - Security Details: Description of any secured assets and their valuation (if applicable)

5. Appendix A - Direct Debit Form: Standard direct debit authorization form (if applicable)

6. Appendix B - Right to Cancel: Mandatory information about the borrower's right to cancel within the cooling-off period

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions





































Clauses






























Relevant Industries

Financial Services

Banking

Consumer Lending

Microfinance

Retail Banking

Small Business Lending

Personal Finance

Credit Unions

Alternative Lending

Relevant Teams

Legal

Compliance

Credit Assessment

Risk Management

Customer Service

Operations

Collections

Documentation

Retail Banking

Commercial Banking

Underwriting

Relevant Roles

Credit Manager

Loan Officer

Compliance Officer

Legal Counsel

Financial Advisor

Risk Manager

Contract Administrator

Branch Manager

Credit Analyst

Collections Officer

Customer Service Representative

Relationship Manager

Underwriter

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

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