Short Term Credit Agreement Template for South Africa

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Key Requirements PROMPT example:

Short Term Credit Agreement

"I need a Short Term Credit Agreement for a 6-month personal loan of R50,000 to be repaid via monthly direct debit, with the first payment starting March 1, 2025; the agreement should include credit insurance provisions."

Document background
The Short Term Credit Agreement is essential for any credit provider operating in South Africa who offers short-term credit facilities to consumers. This document is specifically designed to comply with the National Credit Act 34 of 2005 and its regulations, which mandate specific disclosures, maximum interest rates, and fees. The agreement is used when providing credit for periods typically not exceeding 12 months and must include mandatory provisions protecting both the credit provider and consumer. It contains detailed information about the credit facility, repayment terms, interest calculations, and all associated costs. The document is crucial for ensuring regulatory compliance and establishing clear legal obligations between the parties involved in the credit transaction.
Suggested Sections

1. Parties: Identification of the credit provider and consumer, including registration numbers and NCR registration details

2. Background: Brief context of the credit agreement and purpose of the loan

3. Definitions: Definitions of key terms used in the agreement, including statutory terms from the National Credit Act

4. Loan Amount and Purpose: Clear statement of the principal debt amount and purpose of the credit

5. Interest Rate and Charges: Detailed breakdown of interest rate, initiation fees, service fees and other charges as per NCA regulations

6. Term and Repayment: Duration of the loan and repayment schedule, including payment dates and amounts

7. Method of Payment: Acceptable payment methods and bank account details for repayment

8. Early Settlement: Consumer's right to settle the agreement early and associated procedures

9. Default and Consequences: What constitutes default and the consequences thereof, including collection procedures

10. Consumer's Rights: Statutory rights under the NCA including right to information and statements

11. Credit Provider's Rights: Rights of the credit provider including right to cession and assignment

12. General Terms: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Credit Insurance: Required if credit insurance is mandatory or offered as part of the agreement

2. Security: Include if any form of security is required for the loan

3. Direct Debit Authorization: Include if repayment will be made via debit order

4. Co-signers: Required if there are any guarantors or co-signers to the agreement

5. Marketing Preferences: Optional section for consumer's marketing preferences and consent

6. Electronic Communications: Include if agreement or communications will be handled electronically

Suggested Schedules

1. Schedule A - Pre-agreement Statement and Quotation: Statutory pre-agreement disclosure as required by the National Credit Act

2. Schedule B - Repayment Schedule: Detailed breakdown of all payments including principal, interest, and fees

3. Schedule C - Cost of Credit: Itemized breakdown of all costs associated with the credit agreement

4. Schedule D - Credit Insurance Details: Details of credit insurance if applicable

5. Appendix 1 - Proof of Income: Consumer's proof of income and affordability assessment

6. Appendix 2 - FICA Documents: Copies of identity documents and proof of residence as required by FICA

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

Microfinance

Retail Credit

Consumer Finance

Payroll Lending

Alternative Lending

Personal Finance

Relevant Teams

Legal

Compliance

Credit Operations

Risk Management

Customer Service

Collections

Finance

Operations

Credit Assessment

Document Management

Relevant Roles

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Credit Assessment Officer

Financial Services Manager

Operations Manager

Contract Administrator

Customer Service Manager

Collections Manager

Credit Risk Analyst

Legal Compliance Manager

Financial Director

Loans Officer

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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