Loan Servicing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Servicing Agreement

"I need a Loan Servicing Agreement for our fintech company to appoint a third-party servicer to manage our portfolio of consumer loans, with specific provisions for digital payment processing and API integration requirements."

Document background
A Loan Servicing Agreement is used when a lender or loan owner wishes to outsource the administration of their loan portfolio to a specialized servicer. This arrangement is common in both consumer and commercial lending, particularly in securitization structures. The agreement, governed by English and Welsh law, details the servicer's responsibilities, performance standards, regulatory obligations, and fee arrangements. It's essential for ensuring compliance with UK financial services regulations and establishing clear accountability for loan portfolio management.
Suggested Sections

1. Parties: Identification of the loan servicer and the loan owner/lender

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including regulatory references

4. Appointment and Authority: Scope of servicer's appointment and delegated authorities

5. Services: Detailed description of services to be provided by the loan servicer

6. Standard of Care: Performance standards and service levels required from the servicer

7. Fees and Expenses: Payment terms and fee structure for servicing activities

8. Term and Termination: Duration of the agreement and termination provisions

9. Representations and Warranties: Key statements and assurances from both parties

10. Compliance with Laws: Obligations regarding regulatory compliance and maintaining authorizations

Optional Sections

1. Sub-delegation: Terms for appointing sub-servicers and conditions for delegation of duties

2. Special Servicing: Provisions for managing defaulted loans and special situations

3. Co-operation with Rating Agencies: Requirements for rating agency reporting and cooperation

4. Business Continuity: Provisions for ensuring service continuation in extraordinary circumstances

5. Brexit Provisions: Specific provisions dealing with Brexit-related regulatory changes

Suggested Schedules

1. Service Level Agreement: Detailed performance metrics and service standards

2. Fee Schedule: Detailed breakdown of fees and charging structure

3. Loan Portfolio: Details of loans being serviced under the agreement

4. Reporting Requirements: Format and frequency of required reports and notifications

5. Data Protection Requirements: Specific data protection and security requirements

6. Form of Power of Attorney: Standard form for delegating authority to servicer

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
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing the regulatory framework and FCA's powers

Consumer Credit Act 1974: Regulates consumer credit agreements and related activities, crucial if the loan servicing involves consumer loans

Data Protection Act 2018 and UK GDPR: Governs the processing and handling of personal data, essential for managing borrower information

Money Laundering Regulations 2017: Sets requirements for anti-money laundering controls and due diligence procedures

Financial Services Act 2012: Amended FSMA and established the current regulatory framework including the FCA and PRA

FCA Handbook - CONC: Consumer Credit Sourcebook - Contains detailed rules for consumer credit firms and activities

FCA Handbook - SYSC: Senior Management Arrangements, Systems and Controls - Sets requirements for firm governance and controls

FCA Handbook - PRIN: Principles for Businesses - Contains the fundamental obligations of all regulated firms

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly exclusion and limitation clauses

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts with sellers or suppliers

Financial Services (Banking Reform) Act 2013: Implements structural and cultural changes in the banking sector, affecting financial services

Enterprise Act 2002: Relevant for business loans and competition law considerations in financial services

Payment Services Regulations 2017: Regulates payment services and payment service providers in the UK

Electronic Communications Act 2000: Provides legal framework for electronic signatures and communications in contracts

Equality Act 2010: Ensures non-discrimination in service provision and employment practices

Modern Slavery Act 2015: Requires certain businesses to ensure their operations and supply chains are free from slavery and human trafficking

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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