The Peer To Peer Lending Agreement is essential for facilitating regulated P2P lending transactions in India's growing alternative finance sector. This document is specifically designed to comply with the Reserve Bank of India's Master Directions for P2P Lending Platforms issued in 2017 and subsequent amendments. It should be used whenever individuals or entities engage in lending or borrowing through authorized P2P platforms. The agreement covers crucial aspects including loan terms, interest calculations, repayment schedules, default provisions, and platform obligations. It incorporates mandatory regulatory requirements such as exposure limits, interest rate transparency, and data protection measures. The document also addresses digital execution requirements under Indian law and includes necessary disclosures for both lenders and borrowers.
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1. Parties: Identifies and provides details of the lender and borrower, including their legal names, addresses, and contact information
2. Background: Explains the context of the agreement, including the purpose of the loan and the role of any P2P platform involved
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Amount and Purpose: Specifies the principal amount being lent and the declared purpose of the loan
5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and effective annual rate
6. Term and Repayment: Specifies the loan duration and repayment schedule, including payment amounts and due dates
7. Disbursement: Details the method and conditions for disbursing the loan amount
8. Borrower's Representations and Warranties: States the borrower's declarations regarding their financial status, ability to repay, and accuracy of provided information
9. Borrower's Covenants: Lists the borrower's ongoing obligations throughout the loan term
10. Events of Default: Defines circumstances that constitute default and their consequences
11. Remedies: Outlines the lender's rights and remedies in case of default
12. Fees and Charges: Lists all applicable fees, charges, and their payment terms
13. Notices: Specifies how formal communications between parties should be made
14. Governing Law and Jurisdiction: Establishes the applicable law and courts for dispute resolution
1. Prepayment Provisions: Details terms for early loan repayment, including any penalties or benefits - include when prepayment is allowed
2. Security: Describes any collateral or security provided - include when the loan is secured
3. Guarantor Provisions: Details regarding guarantor's obligations and liabilities - include when there is a guarantor
4. Insurance Requirements: Specifies any mandatory insurance coverage - include when insurance is required
5. Electronic Transaction Consent: Provisions for digital execution and electronic payments - include for digital-only transactions
6. Platform Terms: Additional terms specific to the P2P platform - include when a platform is involved
7. Co-borrower Provisions: Rights and obligations of co-borrowers - include when there are multiple borrowers
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - KYC Documents: List of identity and address proof documents provided by the borrower
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Bank Account Details: Banking information for loan disbursement and repayment
5. Appendix A - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
6. Appendix B - Security Details: Details of any security or collateral provided (if applicable)
7. Appendix C - Platform Terms: Specific terms and conditions of the P2P platform (if applicable)
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