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Overdraft Contract
"I need an Overdraft Contract for my small manufacturing business in Queensland, with a secured facility limit of AUD 500,000, including provisions for equipment security and personal guarantees from company directors, to be effective from March 2025."
1. Parties: Identification of the financial institution (lender) and the customer (borrower)
2. Background: Context of the agreement and purpose of the overdraft facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the overdraft facility including credit limit, purpose, and availability
5. Interest and Fees: Interest rate calculations, fees, charges, and when/how they're payable
6. Operation of Account: Rules for operating the overdraft account, including withdrawals, payments, and statements
7. Representations and Warranties: Customer's declarations regarding their financial situation and ability to repay
8. Customer Obligations: Ongoing obligations of the customer including financial covenants and reporting requirements
9. Events of Default: Circumstances constituting default and consequences
10. Bank's Rights and Remedies: Actions the bank can take in case of default or breach
11. Privacy and Confidentiality: Handling of customer information and privacy obligations
12. Notices: How formal communications between parties should be made
13. General Provisions: Standard contract terms including governing law, amendments, and assignment
1. Security: Required when the overdraft facility is secured by assets or guarantees
2. Guarantor Provisions: Include when a guarantor is required for the facility
3. Set-off Rights: Optional provisions allowing the bank to set off debts against other accounts
4. Electronic Banking Provisions: Include when specific electronic banking arrangements apply to the facility
5. Multiple Account Holders: Required when the overdraft is held jointly by multiple parties
6. Business Use Provisions: Include when the overdraft is for business purposes
7. Foreign Currency Provisions: Required if the facility can be used for foreign currency transactions
1. Schedule 1 - Facility Details: Specific details of the facility including credit limit, interest rates, and fees
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and charges
3. Schedule 3 - Direct Debit Request Service Agreement: Terms for direct debit arrangements if applicable
4. Schedule 4 - Security Details: Details of any security provided for the facility
5. Appendix A - Required Forms: Standard forms for facility operation (drawdown notices, variation requests)
6. Appendix B - Privacy Statement: Detailed privacy policy and credit reporting information
7. Appendix C - Information Statement: Mandatory information statement under the National Credit Code
Authors
Banking and Financial Services
Retail
Manufacturing
Professional Services
Construction
Agriculture
Healthcare
Technology
Hospitality
Real Estate
Transport and Logistics
Mining and Resources
Education
Non-Profit Organizations
Legal
Compliance
Credit Assessment
Risk Management
Retail Banking
Corporate Banking
Operations
Customer Service
Product Development
Documentation
Treasury
Internal Audit
Finance
Business Banking
Credit Manager
Lending Officer
Banking Relationship Manager
Compliance Officer
Legal Counsel
Risk Manager
Credit Analyst
Account Manager
Branch Manager
Financial Controller
Company Secretary
Chief Financial Officer
Treasury Manager
Operations Manager
Product Manager - Lending
Customer Service Manager
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