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Loan Facilitation Agreement
"I need a Loan Facilitation Agreement for my fintech startup in the Philippines that will connect small business borrowers with multiple lenders through our digital platform, with specific provisions for data privacy and automated credit scoring, planned to launch in March 2025."
1. Parties: Identifies all parties to the agreement including the facilitator, and their respective legal capacities
2. Background: Sets out the context of the agreement, including the facilitator's role and regulatory status
3. Definitions: Defines key terms used throughout the agreement, including technical and regulatory terminology
4. Scope of Services: Details the loan facilitation services to be provided, including matchmaking, documentation, and administration
5. Regulatory Compliance: Outlines compliance requirements with Philippine banking laws and regulations
6. Service Fees: Specifies the fee structure, payment terms, and calculation methods for facilitation services
7. Representations and Warranties: Contains statements of fact and assurances from each party regarding their capacity and compliance
8. Obligations of the Facilitator: Lists specific duties and responsibilities of the loan facilitator
9. Data Protection and Privacy: Addresses handling of personal and financial information in compliance with the Data Privacy Act
10. Anti-Money Laundering Compliance: Details AML procedures and requirements under Philippine law
11. Term and Termination: Specifies duration of the agreement and circumstances for termination
12. Liability and Indemnification: Allocates risks and responsibilities between parties
13. Dispute Resolution: Establishes procedures for handling disputes under Philippine law
14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
1. Technology Platform Terms: Required if the facilitation involves an online platform or technology solution
2. Credit Assessment Services: Include if the facilitator provides credit scoring or assessment services
3. Collection Services: Add if the facilitator assists in loan collection activities
4. Insurance Arrangements: Include if loan insurance or related insurance products are part of the service
5. Marketing and Referral Terms: Required if the facilitator provides marketing or referral services
6. Service Level Agreement: Add if specific performance metrics and standards need to be maintained
7. Business Continuity: Include for critical service arrangements requiring disaster recovery planning
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Service Level Requirements: Specific performance metrics and service standards
3. Schedule 3 - Compliance Procedures: Detailed AML and KYC procedures
4. Schedule 4 - Documentation Requirements: List of required documents and forms for loan facilitation
5. Schedule 5 - Technology Specifications: Technical requirements and integration specifications if applicable
6. Appendix A - Required Forms: Standard forms and templates used in the facilitation process
7. Appendix B - Contact Details: Key contact information for all parties and escalation procedures
Authors
Banking
Financial Services
Financial Technology
Microfinance
Consumer Lending
Small Business Lending
Insurance
Technology Services
Real Estate Finance
Agricultural Finance
Legal
Compliance
Risk Management
Finance
Operations
Credit Assessment
Business Development
Information Technology
Data Protection
Customer Service
Partnership Management
Chief Executive Officer
Chief Financial Officer
Chief Risk Officer
Chief Compliance Officer
Legal Counsel
Compliance Manager
Risk Manager
Financial Services Director
Lending Operations Manager
Credit Risk Analyst
Business Development Manager
Partnership Manager
Operations Director
Technology Officer
Data Protection Officer
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