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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."
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
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
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
AFSL
Agreement
AML/CTF Act
AML/CTF Rules
Applicable Laws
Application Form
Approved Format
ASIC
Australian Credit Licence
Authorised Representative
Business Day
Claim
Commencement Date
Confidential Information
Credit Assessment
Credit Guide
Credit Legislation
Credit Policy
Customer
Data Protection Laws
Default
Effective Date
Eligible Loan
Fees
Force Majeure Event
GST
Intellectual Property Rights
Law
Lender
Loan
Loan Application
Loan Documents
Loan Origination Services
Loan Product
Material Adverse Effect
NCCP Act
Origination Fee
Originator
Personal Information
Personnel
Privacy Laws
Processing Requirements
Related Body Corporate
Representatives
Required Insurances
Responsible Lending Obligations
Service Levels
Services
Settlement
Settlement Date
Term
Territory
Third Party Software
Verification Requirements
Services
Regulatory Compliance
Licensing Requirements
Service Standards
Fees and Payment
Representations and Warranties
Covenants
Credit Assessment
Documentation Requirements
Loan Processing
Settlement Procedures
Quality Control
Performance Standards
Reporting
Record Keeping
Audit Rights
Data Protection
Privacy
Confidentiality
Intellectual Property
Personnel
Subcontracting
Insurance
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Transition Services
Non-Solicitation
Non-Competition
Assignment
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Counterparts
Financial Services
Banking
Mortgage Industry
Fintech
Consumer Lending
Commercial Lending
Real Estate Finance
Asset Finance
Credit Services
Financial Technology
Legal
Compliance
Credit Risk
Loan Operations
Commercial Lending
Mortgage Operations
Risk Management
Credit Assessment
Loan Processing
Contract Management
Regulatory Affairs
Partnerships
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
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