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Facility Letter for South Africa

Facility Letter Template for South Africa

A Facility Letter is a formal document issued by a financial institution in South Africa that outlines the terms and conditions of a credit facility being offered to a borrower. The document must comply with South African banking regulations, including the National Credit Act and Financial Sector Regulation Act, and typically includes details of the facility amount, interest rates, repayment terms, conditions precedent, and any security requirements. It serves as both an offer of finance and, once accepted, a binding agreement between the parties, incorporating necessary consumer protection provisions and regulatory disclosures required under South African law.

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What is a Facility Letter?

The Facility Letter is a crucial document in South African banking and finance transactions, used when a financial institution extends credit facilities to borrowers. It serves as both an offer letter and, upon acceptance, a binding agreement. The document needs to comply with various South African regulations, including the National Credit Act, Banks Act, and Financial Sector Regulation Act. A Facility Letter typically includes essential terms such as facility amount, purpose, interest rates, fees, repayment terms, conditions precedent, covenants, and security requirements. It's commonly used for various credit facilities including term loans, overdrafts, and revolving credit facilities, and can be issued to both corporate and individual borrowers. The document's format is generally more concise than a full facility agreement while still maintaining all legally required elements and protections.

What sections should be included in a Facility Letter?

1. Bank Details: Full legal name and registration details of the lending institution

2. Borrower Details: Full legal name, registration number or ID, and address of the borrower

3. Facility Type and Amount: Clear specification of the type of facility being offered and the amount

4. Purpose: Stated purpose for which the facility may be used

5. Interest Rate: Applicable interest rate, whether fixed or floating, and basis of calculation

6. Fees and Charges: All applicable fees, charges, and commissions

7. Term and Repayment: Duration of the facility and repayment terms

8. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

9. Key Covenants: Essential undertakings required from the borrower

10. Events of Default: Circumstances that would trigger default and bank's remedies

11. Acceptance: Section for borrower's signature indicating acceptance of terms

What sections are optional to include in a Facility Letter?

1. Security Requirements: Include when the facility is secured, detailing the required security and its terms

2. Insurance Requirements: Include when specific insurance coverage is required as part of the facility

3. Guarantee Requirements: Include when personal or corporate guarantees are required

4. Drawdown Mechanics: Include for facilities with multiple drawdown options or specific drawdown conditions

5. Financial Covenants: Include for corporate borrowers where financial ratios must be maintained

6. Regulatory Disclosures: Include additional disclosures required under National Credit Act for consumer credit agreements

7. Currency Provisions: Include for facilities involving foreign currency or multiple currencies

What schedules should be included in a Facility Letter?

1. Pricing Schedule: Detailed breakdown of interest rates, fees, and charges

2. Drawdown Notice: Standard form for requesting drawdowns under the facility

3. Security Details: List and description of security items and their values

4. Conditions Precedent Checklist: Detailed list of required documents and conditions

5. Required Insurance Schedule: Details of required insurance coverage and minimum terms

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

South Africa

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions



































Clauses
























Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Retail

Mining

Agriculture

Technology

Healthcare

Construction

Transportation

Energy

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Banking

Commercial Banking

Operations

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Manager

Corporate Banker

Relationship Manager

Credit Manager

Risk Officer

Legal Counsel

Compliance Officer

Company Secretary

Finance Controller

Account Manager

Credit Analyst

Banking Executive

Lending Officer

Industries







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