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Loan Facilitation Agreement for Nigeria

Loan Facilitation Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions under which a facilitator provides loan arrangement services between lenders and borrowers. The agreement outlines the roles, responsibilities, and obligations of all parties involved, ensuring compliance with Nigerian banking regulations, including the Banks and Other Financial Institutions Act (BOFIA) 2020 and Central Bank of Nigeria guidelines. It covers crucial aspects such as service scope, fee structures, risk allocation, compliance requirements, and dispute resolution mechanisms, while incorporating specific provisions required under Nigerian financial services legislation.

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Loan Facilitation Agreement

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What is a Loan Facilitation Agreement?

The Loan Facilitation Agreement serves as a critical document in the Nigerian financial services sector, establishing the legal framework for intermediaries who connect lenders with potential borrowers. This agreement becomes necessary when financial institutions or lending platforms wish to formalize their relationship with facilitators who help originate, process, or manage loans. The document ensures compliance with Nigerian banking regulations, including the Banks and Other Financial Institutions Act (BOFIA) 2020, Central Bank of Nigeria directives, and anti-money laundering regulations. It typically includes detailed provisions on service scope, compensation structures, risk management, regulatory compliance, and operational procedures, while clearly delineating the rights and obligations of all parties involved in the loan facilitation process.

What sections should be included in a Loan Facilitation Agreement?

1. Parties: Identifies and defines all parties to the agreement: the Facilitator, the Lender(s), and the Borrower(s)

2. Background: Explains the context of the agreement, including the Facilitator's role in connecting Lenders with Borrowers

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Facilitation Services: Details the specific services provided by the Facilitator, including loan matching, documentation assistance, and coordination

5. Facilitator's Obligations: Outlines the Facilitator's duties, responsibilities, and standard of service

6. Lender's Rights and Obligations: Specifies the Lender's responsibilities, including providing accurate information and compliance with lending regulations

7. Borrower's Rights and Obligations: Details the Borrower's duties, including providing accurate information and meeting eligibility criteria

8. Fees and Payment Terms: Specifies all fees, commissions, and payment arrangements for the facilitation services

9. Representations and Warranties: Contains standard and specific warranties from all parties

10. Compliance and Regulatory Matters: Addresses compliance with relevant Nigerian laws and regulations

11. Confidentiality: Governs the handling and protection of confidential information

12. Limitation of Liability: Sets out the extent and limitations of the Facilitator's liability

13. Term and Termination: Specifies the duration of the agreement and termination provisions

14. Dispute Resolution: Details the process for resolving disputes between parties

15. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Loan Facilitation Agreement?

1. Credit Assessment Process: Details the credit assessment methodology when the Facilitator provides credit scoring services

2. Security Arrangements: Included when the Facilitator assists in managing or arranging loan security

3. Collection Services: Used when the Facilitator provides loan collection or recovery services

4. Technology Platform Terms: Required when the facilitation services are provided through a digital platform

5. Insurance Arrangements: Included when loan-related insurance products are part of the facilitation service

6. Secondary Market Provisions: Used when the agreement allows for loan assignment or trading

7. Anti-Money Laundering Procedures: Detailed AML procedures when the Facilitator handles funds or provides enhanced due diligence services

What schedules should be included in a Loan Facilitation Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commissions, and charges

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards for the facilitation services

3. Schedule 3 - Eligibility Criteria: Detailed criteria for both Lenders and Borrowers to participate in the facilitation program

4. Schedule 4 - KYC Requirements: List of required documentation and verification procedures

5. Schedule 5 - Reporting Templates: Standard formats for required reports and notifications

6. Appendix A - Required Forms: Standard forms and templates used in the facilitation process

7. Appendix B - Compliance Checklist: Regulatory compliance requirements and verification procedures

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

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses









































Relevant Industries

Financial Services

Banking

Fintech

Microfinance

Consumer Lending

Agricultural Finance

Real Estate Finance

SME Lending

Corporate Finance

Retail Banking

Alternative Lending

Relevant Teams

Legal

Compliance

Finance

Credit Risk

Operations

Business Development

Partnerships

Treasury

Regulatory Affairs

Contract Management

Customer Relations

Relevant Roles

Chief Financial Officer

Legal Counsel

Compliance Officer

Credit Risk Manager

Loan Officer

Business Development Manager

Operations Manager

Partnership Manager

Financial Services Director

Credit Analysis Manager

Regulatory Affairs Manager

Contract Manager

Treasury Manager

Relationship Manager

Risk Assessment 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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