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Credit Waiver Template for New Zealand

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Key Requirements PROMPT example:

Credit Waiver

"I need a Credit Waiver agreement for a small business loan where we're temporarily suspending principal payments from January 2025 to June 2025 due to seasonal business fluctuations, while continuing interest payments."

Document background
The Credit Waiver is a crucial document in New Zealand's financial services landscape, used when a creditor agrees to waive certain rights or obligations under an existing credit contract. This document type is particularly relevant when dealing with temporary financial hardship, restructuring of payment terms, or other circumstances requiring modification of original credit terms. A Credit Waiver must be carefully drafted to ensure compliance with the Credit Contracts and Consumer Finance Act 2003 (CCCFA), the Fair Trading Act 1986, and other relevant New Zealand legislation. The document typically includes details of the original credit contract, specific terms being waived, duration of the waiver, and any conditions attached. It's commonly used by financial institutions, banks, and other credit providers to formally document changes to credit arrangements while maintaining regulatory compliance.
Suggested Sections

1. Parties: Identifies the creditor and debtor, including their full legal names and addresses

2. Background: Sets out the context of the original credit contract and the circumstances leading to the waiver

3. Definitions: Defines key terms used in the agreement, including references to the original credit contract

4. Details of Original Credit Contract: Specifies the details of the credit contract being modified, including date, reference numbers, and key terms

5. Waiver Terms: Clearly states which obligations or terms are being waived and the extent of the waiver

6. Duration of Waiver: Specifies whether the waiver is temporary or permanent, and any relevant dates or conditions

7. Remaining Obligations: Confirms which obligations under the original credit contract remain in force

8. Acknowledgments: Contains acknowledgments by both parties regarding the effect of the waiver

9. Compliance Statements: Includes statements ensuring compliance with CCCFA requirements

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditions Precedent: Used when the waiver is subject to certain conditions being met before it becomes effective

2. Payment Terms: Included when the waiver involves modifications to payment schedules or amounts

3. Hardship Provisions: Added when the waiver is granted due to unforeseen hardship under CCCFA provisions

4. Review Period: Used for temporary waivers that require periodic review

5. Reinstatement Provisions: Included when there are specific conditions under which waived obligations may be reinstated

6. Additional Security: Required when the waiver is conditional upon provision of additional security

7. Guarantor Acknowledgment: Included when the original credit contract involves guarantors who need to acknowledge the waiver

Suggested Schedules

1. Schedule 1 - Original Credit Contract Details: Complete details of the original credit contract including all terms and conditions

2. Schedule 2 - Waived Terms: Detailed list of specific terms and conditions being waived

3. Schedule 3 - Modified Payment Schedule: If applicable, new payment schedule reflecting the effects of the waiver

4. Schedule 4 - Disclosure Statement: Updated disclosure statement as required under CCCFA

5. Appendix A - Supporting Documents: Any relevant supporting documentation such as financial statements or hardship evidence

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses






















Relevant Industries

Banking

Financial Services

Consumer Finance

Credit Services

Mortgage Lending

Vehicle Finance

Personal Lending

Commercial Finance

Microfinance

Retail Finance

Relevant Teams

Legal

Compliance

Credit Risk

Collections

Lending Operations

Customer Service

Credit Administration

Risk Management

Document Management

Financial Operations

Relevant Roles

Credit Manager

Lending Officer

Collections Manager

Credit Risk Officer

Compliance Officer

Legal Counsel

Credit Administrator

Financial Services Manager

Consumer Credit Officer

Lending Manager

Risk Assessment Officer

Credit Operations Manager

Customer Relations Manager

Recovery Officer

Credit Analyst

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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