Loan Origination Agreement Template for Australia

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Key Requirements PROMPT example:

Loan Origination Agreement

"I need a Loan Origination Agreement for a fintech company acting as loan originator for a major Australian bank, with specific provisions for digital loan processing and API integration, to be effective from March 2025."

Document background
The Loan Origination Agreement serves as the foundational document for establishing and managing the relationship between financial institutions and loan originators in the Australian market. This document is essential when a lender wishes to engage external parties to source and process loan applications, whether for consumer or commercial lending. It incorporates requirements from key Australian legislation including the National Consumer Credit Protection Act 2009, Privacy Act 1988, and Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The agreement typically covers comprehensive service specifications, regulatory compliance obligations, performance standards, risk management provisions, and data protection requirements, making it suitable for various lending scenarios from traditional banking to modern fintech arrangements.
Suggested Sections

1. Parties: Identifies the contracting parties - typically the lender and the loan originator

2. Background: Provides context for the agreement and outlines the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the appointment of the originator and comprehensive outline of services to be provided

5. Regulatory Compliance: Specifies compliance obligations under relevant laws and regulations

6. Service Standards: Sets out quality standards and performance requirements for loan origination services

7. Compensation and Fees: Details the fee structure, payment terms, and calculation methods

8. Representations and Warranties: Contains standard and specific warranties from both parties

9. Obligations of the Originator: Lists specific duties and responsibilities of the loan originator

10. Obligations of the Lender: Outlines the lender's responsibilities and commitments

11. Data Protection and Privacy: Addresses handling of personal and financial information

12. Risk Allocation and Indemnities: Allocates risks and establishes indemnification obligations

13. Term and Termination: Specifies contract duration and termination provisions

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

Optional Sections

1. White Label Arrangements: Required when the originator will be using the lender's branding or when co-branding is involved

2. Technology and Systems Integration: Needed when specific software or systems are required for loan origination processes

3. Training Requirements: Include when the lender requires specific training for the originator's staff

4. Marketing and Promotional Activities: Required when the originator will be involved in marketing the loan products

5. Audit Rights: Optional enhanced audit provisions beyond standard oversight

6. Business Continuity: Detailed business continuity requirements for critical service providers

7. Transition Services: Required for complex arrangements where detailed transition-out provisions are needed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of loan origination services and processes

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment calculations

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Compliance Requirements: Detailed compliance obligations and procedures

5. Schedule 5 - Required Reports: List and format of required reporting

6. Schedule 6 - Data Security Standards: Specific requirements for data protection and security

7. Appendix A - Document Checklist: Standard checklist of required documentation for loan applications

8. Appendix B - Forms and Templates: Standard forms and templates to be used in the loan origination process

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Mortgage Industry

Fintech

Consumer Lending

Commercial Lending

Real Estate Finance

Asset Finance

Credit Services

Financial Technology

Relevant Teams

Legal

Compliance

Credit Risk

Loan Operations

Commercial Lending

Mortgage Operations

Risk Management

Credit Assessment

Loan Processing

Contract Management

Regulatory Affairs

Partnerships

Relevant Roles

Chief Credit Officer

Head of Lending

Compliance Manager

Legal Counsel

Credit Risk Manager

Loan Operations Manager

Commercial Lending Manager

Mortgage Operations Director

Chief Risk Officer

Lending Operations Executive

Credit Assessment Manager

Loan Processing Manager

Contract Manager

Regulatory Compliance Officer

Partnership Manager

Industries
National Consumer Credit Protection Act 2009 (Cth): Primary legislation governing consumer credit in Australia, including licensing requirements for credit providers and responsible lending obligations
National Credit Code (Schedule 1 to the NCCP Act): Detailed regulations for consumer credit contracts, including mandatory disclosure requirements and borrower protections
Privacy Act 1988 (Cth): Regulates the handling of personal information, including credit reporting and privacy safeguards for financial information
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Establishes requirements for customer identification, transaction monitoring, and reporting obligations for financial services providers
Corporations Act 2001 (Cth): Regulates financial services and products, including licensing requirements and conduct obligations
Australian Securities and Investments Commission Act 2001: Provides consumer protection provisions specific to financial services and products
Electronic Transactions Act 1999 (Cth): Enables and regulates electronic transactions and digital signatures in contracts
Competition and Consumer Act 2010 (including Australian Consumer Law): Contains provisions about unfair contract terms and general consumer protections that apply to financial services
Financial Sector (Collection of Data) Act 2001: Regulates the collection and reporting of financial data by lending institutions
Banking Act 1959: Provides the framework for banking regulation and supervision in Australia
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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