Golden Koi Capital

PRIVATE LENDING

TERMS & CONDITIONS

These Terms & Conditions govern all lending services provided by Golden Koi Capital. By accepting a loan from us, you agree to be bound by the terms set out below in their entirety.

Important Notice:

These Terms & Conditions are legally binding. By accepting a loan from Golden Koi Capital, you confirm that you have read, understood, and agreed to all provisions herein. If you have questions before proceeding, please contact a Golden Koi Capital representative prior to signing any loan agreement.

CONTENTS

  • 1. Our Services
  • 2. Loan Agreement
  • 3. Interest Rates & Terms
  • 4. Repayment Schedule
  • 5. Late Payments & Fees
  • 6. Early Repayment
  • 7. Default
  • 8. Security & Collateral
  • 9. Borrower Warranties
  • 10. Borrower Obligations
  • 11. Privacy & Data
  • 12. Limitation of Liability
  • 13. Amendments

SECTION 01 — OUR SERVICES

1.1 Golden Koi Capital provides private lending services to eligible individuals residing within the jurisdiction of Los Santos, San Andreas. All loan products are offered on a case-by-case basis following an in-person assessment with a Golden Koi Capital representative.

1.2 Access to and use of our lending services constitutes your acceptance of these Terms & Conditions in full. These Terms apply in addition to, and do not replace, the specific terms of any individual Loan Agreement entered into between the parties.

1.3 Golden Koi Capital reserves the right to decline any loan application at its sole discretion and without obligation to provide reasons for such a decision.

SECTION 02 — LOAN AGREEMENT

2.1 Each loan extended by Golden Koi Capital is governed by a written Loan Agreement executed by both parties. No loan shall be considered approved or disbursed until the relevant Loan Agreement has been signed by both the Borrower and an authorized representative of Golden Koi Capital.

2.2 The Loan Agreement, including all attached Schedules, constitutes the entire understanding between the parties with respect to the subject loan and supersedes all prior negotiations, representations, and understandings, whether oral or written.

2.3 Loan funds shall be disbursed on the Loan Start Date by wire transfer to the Borrower's nominated account or by such other agreed method as confirmed in writing.

2.4 All payments to Golden Koi Capital must be remitted via wire transfer to Fleeca Bank, account name "Golden Koi" (Account No. 0301 5851 3), unless an alternative method is confirmed in writing.

2.5 The Loan Agreement may be executed in counterparts, including by electronic or scanned signature. Electronic signatures shall carry the same legal force as wet-ink signatures to the extent permitted by applicable San Andreas law.

2.6 The Borrower acknowledges they have had the full opportunity to review the Loan Agreement, seek independent legal advice, and are fully informed as to its terms and legal effect prior to signing.

SECTION 03 — INTEREST RATES & TERMS

3.1 Interest rates are determined on a per-loan basis and are agreed upon during the in-person meeting between the Borrower and a Golden Koi Capital representative. Rates are clearly disclosed and signed off in the Loan Agreement prior to disbursement.

3.2 Interest accrues on the outstanding principal at the agreed rate (expressed as a percentage per week), calculated on a simple basis and applied to each scheduled installment as set out in Schedule A of the Loan Agreement.

3.3 No hidden fees or undisclosed charges will be applied to any loan without the Borrower's prior written consent.

3.4 The total amount repayable, inclusive of principal and all accrued interest, is set out clearly in the Loan Summary and Schedule A before the Agreement is executed.

SECTION 04 — REPAYMENT SCHEDULE

4.1 The Borrower shall repay the Loan in installments in accordance with the Payment Schedule agreed at the time of the loan, which shall be one of:

  • Weekly: installments due every seven (7) calendar days from the Loan Start Date.
  • Bi-Weekly: installments due every fourteen (14) calendar days from the Loan Start Date.
  • Monthly: installments due on the same calendar day each month.

4.2 Each installment comprises both a principal and an interest component. Specific due dates and amounts for each installment are set out in Schedule A of the Loan Agreement.

4.3 Time is of the essence with respect to all payment obligations. The Borrower shall make each installment in full on or before its due date.

4.4 If the Borrower anticipates difficulty making any scheduled payment, they must notify Golden Koi Capital in writing before the relevant due date. Any revised payment arrangement must be confirmed in writing by both parties to be binding.

4.5 Payments shall be applied in the following order: (1) outstanding late fees and enforcement costs; (2) accrued interest; (3) outstanding principal.

SECTION 05 — LATE PAYMENTS & FEES

Late Payment Warning: Failure to pay any installment on time will result in a daily late fee of USD $5,000 per calendar day from the first day of non-payment. This fee accumulates each day the payment remains outstanding.

5.1 A payment is considered late if it is not received in cleared funds by 11:59 PM on its due date as listed in Schedule A.

5.2 Where Golden Koi Capital elects to impose the daily late fee, written notice shall be provided to the Borrower stating the amount accrued and the period of non-payment. The Borrower shall settle all accrued late fees within seven (7) calendar days of receiving such notice.

5.3 Interest continues to accrue on the outstanding principal balance during any period of late payment.

5.4 Three (3) consecutive missed installments shall constitute grounds for a declaration of Default under Section 7 of these Terms.

SECTION 06 — EARLY REPAYMENT

No Penalty for Early Repayment: Borrowers are encouraged to repay early. Interest is calculated only on the outstanding balance, so early repayment reduces total interest paid.

6.1 The Borrower may repay the outstanding balance in full at any time during the Term without incurring any prepayment penalty or additional fee.

6.2 Partial prepayments are also accepted at any time. Any partial prepayment shall be applied directly to reduce the outstanding principal balance, with interest recalculated accordingly on the reduced balance from the date of prepayment.

6.3 All prepayments must be remitted via the payment method specified in Section 2.4 above. Prepayments are only credited upon receipt of cleared funds.

6.4 Upon full repayment of all amounts owing, Golden Koi Capital shall take all necessary steps to release and discharge any Security Interest and remove any registered charge or notation against the Collateral within a reasonable time.

SECTION 07 — DEFAULT

Events of Default: The consequences of default are serious. Upon a Default declaration, the entire outstanding balance becomes immediately due and Golden Koi Capital may pursue all available legal remedies.

7.1 Each of the following constitutes an Event of Default:

  • a) Failure to make any scheduled installment within seven (7) calendar days of its due date.
  • b) Any material misrepresentation of age, identity, financial circumstances, or Collateral ownership.
  • c) Breach of the Collateral transfer restrictions that remains uncured for seven (7) calendar days after written notice.
  • d) Any Collateral asset being seized, forfeited, condemned, or materially damaged without timely notification to Golden Koi Capital.
  • e) Breach of any other material obligation under the Agreement or these Terms that remains uncured for seven (7) calendar days after written notice.

7.2 Upon an Event of Default, Golden Koi Capital may, at its sole discretion, take any or all of the following actions:

  • a) Declare the entire outstanding balance, all accrued interest, and any applicable fees immediately due and payable.
  • b) Exercise all rights over the Collateral, including taking possession of and selling any Collateral asset by private sale or public auction.
  • c) Impose the daily late fee under Section 5.
  • d) Appoint a receiver or manager over any Collateral asset.
  • e) File legal proceedings through the San Andreas court system, which may result in wage garnishment or asset seizure as ordered by the court.

7.3 The Borrower shall be liable for all reasonable costs of recovery following an Event of Default, including legal fees and enforcement costs, to the extent permitted by applicable San Andreas law.

7.4 The rights and remedies of Golden Koi Capital under these Terms are cumulative and are not exclusive of any rights or remedies available at law.

7.5 Golden Koi Capital shall account to the Borrower for any surplus proceeds remaining after all outstanding amounts have been discharged following Collateral enforcement. The Borrower remains personally liable for any shortfall.

SECTION 08 — SECURITY & COLLATERAL

8.1 Where the Loan advanced exceeds USD $100,000, the Borrower shall, as a condition of drawdown, pledge sufficient Collateral to provide security for the full amount of the Total Repayable. Such Collateral shall be described in Schedule B (Collateral Register) of the Loan Agreement.

8.2 The Borrower hereby grants Golden Koi Capital a Security Interest over all Collateral listed in Schedule B. This Security Interest is a continuing security that remains in force until all amounts owing are repaid in full, and ranks in priority over any subsequently created Encumbrance over the same Collateral.

8.3 For as long as any amount remains outstanding, the Borrower shall not, without Golden Koi Capital's prior written consent:

  • a) Sell, transfer, gift, or otherwise dispose of any Collateral asset or any interest in it.
  • b) Grant any mortgage, charge, lien, pledge, or other Encumbrance over any Collateral asset.
  • c) Lease, sub-lease, or license any Collateral asset to a third party on terms that would diminish the Security Interest.
  • d) Permit any execution, distress, or enforcement action to be levied against any Collateral asset.

8.4 The restrictions in clause 8.3 do not restrict the ordinary use or routine maintenance of a Collateral asset, provided such use does not reduce the asset's market value or impair the Security Interest.

8.5 The Borrower must notify Golden Koi Capital in writing within seven (7) calendar days of: (a) any material deterioration in Collateral value; (b) any loss, damage, or destruction of a Collateral asset; (c) any third-party claim or legal proceeding affecting any Collateral asset; or (d) any change in the Borrower's ownership of or interest in any Collateral asset.

SECTION 09 — BORROWER WARRANTIES

9.1 By accepting a loan from Golden Koi Capital, the Borrower represents and warrants that:

  • a) They are eighteen (18) years of age or older and have full legal capacity to enter into the Agreement.
  • b) They are not materially impaired in their ability to repay the Loan at the time of entering the Agreement.
  • c) All financial and personal information provided to Golden Koi Capital is accurate, complete, and not misleading in any material respect.
  • d) No litigation, arbitration, or regulatory proceeding is pending or threatened against the Borrower that would materially affect their ability to repay.
  • e) The Borrower is the sole legal and beneficial owner of any Collateral pledged, free of any undisclosed Encumbrance.
  • f) Pledging the Collateral does not breach any agreement to which the Borrower is a party, and no third party holds any undisclosed interest in the Collateral.
  • g) The funds used to repay the Loan will not derive from any illegal activity.

9.2 These representations and warranties are deemed repeated on each date a payment is made and remain in force for the duration of the Agreement.

9.3 Any material misrepresentation shall entitle Golden Koi Capital to immediately terminate the Agreement, demand repayment of all amounts advanced, and pursue all available legal remedies. The Borrower will also be liable for any costs incurred as a result.

SECTION 10 — BORROWER OBLIGATIONS

10.1 The Borrower shall comply with all applicable anti-money laundering, counter-financing of terrorism, and financial crime laws and regulations in connection with the Loan and its repayment.

10.2 The Borrower shall promptly notify Golden Koi Capital of any material change in their financial circumstances or any change affecting ownership of or title to Collateral.

10.3 The Borrower shall keep each Collateral asset in good repair and condition, shall not allow it to deteriorate beyond ordinary wear and tear, and shall not use it in any unlawful manner.

10.4 The Borrower shall promptly execute any further documents and take all reasonable steps necessary to perfect, register, or enforce the Security Interest as required by applicable law.

10.5 The Borrower may not assign or transfer any obligation under the Agreement or these Terms without Golden Koi Capital's prior written consent.

SECTION 11 — PRIVACY & DATA PROTECTION

11.1 Golden Koi Capital takes client confidentiality seriously. Personal information collected from the Borrower, including identification details, contact information, financial history, and banking credentials is held strictly confidential.

11.2 Golden Koi Capital does not sell, share, or distribute client information to any third party without the Borrower's explicit written consent, except:

  • a) Where required to do so by applicable San Andreas law or by a valid court order.
  • b) Where necessary to enforce Golden Koi Capital's rights under a Loan Agreement, including disclosure to legal counsel, debt collection agents, or enforcement authorities.

11.3 Client data is retained for such period as is necessary to fulfil the purposes for which it was collected and to comply with any applicable legal retention obligations.

SECTION 12 — LIMITATION OF LIABILITY

12.1 Golden Koi Capital's liability to the Borrower under or in connection with any Agreement shall, to the maximum extent permitted by applicable law, be limited to the amount of the Loan actually advanced and not yet repaid at the time the relevant claim arises.

12.2 Neither party shall be liable to the other for any indirect, consequential, special, or punitive loss or damage arising out of or in connection with any Agreement, even if that party has been advised of the possibility of such loss.

12.3 Neither party shall be in breach of any Agreement for any failure or delay caused by circumstances beyond their reasonable control, including acts of God, natural disasters, war, pandemic, or government action, provided the affected party promptly notifies the other and takes reasonable steps to mitigate the impact.

SECTION 13 — AMENDMENTS TO TERMS

13.1 Golden Koi Capital reserves the right to modify these Terms & Conditions with seven (7) days' prior written notice delivered via mail or phone message to active Borrowers.

13.2 Any significant changes will be discussed with active Borrowers before implementation. Continued use of Golden Koi Capital services following notice of amended terms constitutes acceptance of those amended terms.

13.3 No amendment to any individual Loan Agreement shall be binding unless made in writing and signed by both parties. Section headings are included for convenience only and shall not affect the interpretation of any provision.

13.4 If any provision of these Terms is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall continue in full force and effect.


Acceptance of Terms

By accepting a loan from Golden Koi Capital, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions in full. You confirm that all information provided in connection with your loan application is truthful and accurate. You understand that failure to repay your loan as agreed may result in substantial financial penalties, legal action, and enforcement of any pledged security.

If you have any questions about these Terms before entering into a Loan Agreement, please raise them with your Golden Koi Capital representative before signing.