Sample loan agreement with counter obligations. Loan agreement (sample)
Here you can view and download the 2018 loan agreement template in a format convenient for you. Remember that you can always get our legal assistance, including in filling out this form, by contacting us at the numbers indicated on the website.
In the preamble in relation to a borrower - an individual, passport data and data on his state registration as an individual entrepreneur are indicated.
In clause 1.1, clause 2.2. the loan amount and interest are indicated in words.
In the case of a cash settlement procedure, clauses 2.1, 2.3 are subject to corresponding changes. For example: "2.1. The loan is issued to the Borrower in cash from the Lender's cash desk on the day this agreement is signed." Etc.
In clause 2.2. interest may accrue from another date agreed by the parties.
If there is no need to recalculate interest in case of early repayment of the loan, clause 2.5 is subject to a corresponding change. For example: "2.5. In case of early repayment of the loan, the amount of interest is not recalculated. Interest shall be paid in full in accordance with clause 2.2. Simultaneously with the early repayment of the loan."
It is permissible to include provisions on performance insurance in the contract.
New sample 2019
LOAN AGREEMENT No. _______
_________________ "____" __________ 20___
Hereinafter referred to as the Lender, represented by ____________________________, acting on the basis of the Charter, on the one hand, and an individual entrepreneur __________________________, hereinafter referred to as the Borrower, on the other hand, have entered into this agreement on the following.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lender transfers to the Borrower the ownership of the funds in the amount of _________________________________, and the Borrower undertakes to return the same loan amount to the Lender by "_____" _________ 200___ and pay interest for the use of funds in accordance with the payment schedule (Appendix No. 1 to this Agreement).
1.2. The loan amount is issued for use for the purposes of ____________________________________________________________.
Changing the purposes of using the loan is not allowed.
2. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT
2.1. The loan is issued to the Borrower by cashless transfer of funds to account number ____________________________. The date of the conclusion of this agreement is the day of receipt of funds to the settlement account of the Borrower.
2.2. If the funds were not credited to the Borrower's account before ___________________, the agreement is considered not concluded and does not give rise to any legal consequences. The Borrower in this case is obliged to return the received amount to the Lender within ____ days after their receipt on the account of the Borrower.
2.3. The date of execution by the Borrower of this agreement for the return of the loan amount and the transfer of the loan use fee is the date of receipt of funds to the settlement account of the Lender No. ________________________________.
2.4. The terms and sizes of loan repayment, interest payments for the use of the loan are defined in Appendix No. 1, which is an integral part of this agreement.
2.5. In case of early repayment of the loan, the amount of interest is recalculated by the Lender only in the event of a substantial return. Significant early return is considered to be at least 50% of the amount of the next payment, including interest according to the schedule (Appendix No. 1 to this Agreement), not later than ____ calendar days before the payment date. When recalculating interest in the specified Appendix, appropriate changes are made, which are formalized by a new edition of the Appendix.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Lender has the right:
3.1.1. Check the intended use of the loan.
3.1.2. As a matter of priority, with the notification of the Borrower, but without his consent, refer the amounts received from him to the repayment of interest on which the due date has come.
3.1.3. Early terminate the agreement and require the Borrower to fulfill early obligations to repay the loan, including interest for its use and penalties in the following cases:
Using the loan for other purposes;
Delays by the Borrower of repayment of the loan (part of the loan) or non-payment of interest (part of interest) for more than ______ days;
Loss of security for the loan or significant deterioration of its terms, which occurred through no fault of the Lender;
If the Borrower is presented with claims, incl. claims, on the payment of a sum of money or on the reclamation of property, the size of which endangers the performance of the Borrower's obligations under this agreement;
Making a decision to deprive the Borrower or terminate the right to engage in entrepreneurial activity.
Requirements for the early performance of these obligations by the Borrower are subject to satisfaction within 14 days from the date of his notification of early termination of the contract.
3.1.4. Fully or partially assign their rights under this agreement to another person without the consent of the Borrower.
3.2. The Lender is obliged:
3.2.1. Inform the Borrower about delays in repayment of a loan or payment of interest within three days after the due date of the obligation.
3.2.2. Provide the Borrower with information and consulting services to ensure the proper use of the loan.
3.2.3. Within 5 calendar days, notify the Borrower in writing of the transfer of rights under this agreement to the new lender.
3.2.4. In case of significant early repayment of the loan in accordance with clause 2.5. of this agreement, recalculate the amount of interest and sign a new edition of Appendix No. 1.
3.3. The borrower has the right:
3.3.1. Repay the loan amount early.
3.3.2. Require the Lender to recalculate the amount of interest in accordance with clause 2.5. of this agreement and signing a new edition of Appendix No. 1.
3.4. The borrower is obliged:
3.4.1. Use the loan amount only for the purposes specified in clause 1.2.
3.4.2. Upon first request, within 3 calendar days, provide the Lender with all information about the actual use of the loan, financial condition, solvency, as well as provide access to inventories and other property related to the implementation of this agreement.
3.4.3. Timely return to the Lender the received loan amount and pay interest in the amount and within the time frame specified in Appendix No. 1 to this Agreement.
3.4.4. Return the loan amount and interest in the amount of ____________ percent per annum of the loan amount for the time of actual use of the loan in case of early termination of this agreement.
3.4.5. Within three calendar days, notify the Lender in writing of the occurrence of the circumstances specified in clause 3.1.3. actual agreement.
3.4.6. Pay the Lender a fine and penalty interest in the cases specified in part 4 of this agreement.
3.5. The parties undertake to maintain confidentiality and not to disclose commercial secrets related to the execution of this agreement.
4. LIABILITY OF THE PARTIES
4.1. In case of misuse of the loan, the Borrower shall pay the Lender a fine in the amount of the loan amount that was not used for its intended purpose.
4.2. In case of delay in the payment of interest for the use of the loan and (or) delay in repayment of the loan (part of the loan), the Borrower pays a penalty in the amount of _____% of the unpaid loan amount and interest for each day of delay in payment until the fulfillment of the corresponding obligation.
4.3. Payment of the fine and (or) penalty interest does not relieve the Borrower from fulfilling other obligations under this agreement.
4.4. In other cases of violation of obligations under this agreement, the parties are liable in accordance with the legislation of the Russian Federation.
5. VALIDITY OF THE CONTRACT
5.1. This agreement is considered concluded from the moment the funds are issued to the Borrower in accordance with clause 2.1. of the agreement and is valid until the full repayment of the loan amount, full repayment of all interest, fines and penalties.
5.2. The Agreement may be terminated unilaterally at the initiative of the Lender in the cases provided for in clause 3.1.3 of this Agreement.
6. OTHER CONDITIONS
6.1. Any changes and additions to this agreement will be made by the parties in writing by their mutual consent.
6.2. Controversial issues arising under this agreement in the course of its execution , submitted to the court __________________.
6.3. The Agreement is drawn up in two copies of equal legal force, one for the Lender and the Borrower.
7. ADDRESSES AND DETAILS OF THE PARTIES TO THE CONTRACT
Lender Borrower
Signatures:
APPENDIX No. 1
TO LOAN AGREEMENT No. ________,
concluded between _____________________________________________
city \u200b\u200b____________ "____" __________ 20__
1. Payment schedule
|
DATE OF EXECUTION BY THE BORROWER |
BASIC AMOUNT (RUB.) |
INTEREST CHARGES (RUB.) |
TOTAL AMOUNT (Principal + interest) (RUB.) |
2. This Appendix to the loan agreement No. ________ is its integral part.
3. This Appendix can be changed by adopting it in a new edition signed by the parties to the agreement.
4. Addresses and details of the parties:
Lender Borrower
____________________ ______________________
The parties to the loan agreement are the lender - the person providing the loan, and the borrower - the person receiving it. In this case, the lender and the borrower can be individuals, legal entities and individual entrepreneurs in any combination.
The loan agreement is concluded in writing in two copies, one for each of the parties.
The subject of a loan can be both cash and any items / things that have generic characteristics.
The subject of a loan agreement is the transfer by the lender of funds or other things to the borrower on terms of repayment, urgency and, as a rule, payment.
Types of loan agreements
According to the composition of the parties in the contract, the following types of agreements can be distinguished:
You should also highlight the classification by the criterion of payment:
Despite the fact that the interest-free loan agreement is directly provided for by Article 809 of the Civil Code of the Russian Federation, the application of these agreements in practice has difficulties associated with their interpretation by the tax authorities. However, this does not apply to gratuitous agreements between the company and its shareholders.
Read more about this in the article Calculations under a loan agreement.
Another classification of the contract is the presence / absence of a goal in the loan agreement:
Loan agreement term
Since there are no restrictions on the term of the Civil Code, the lender decides for how long he wants to provide a loan to the borrower.
If the term under the loan agreement is not established at all, then the borrower is obliged to return the loan to the lender within 30 calendar days from the moment the lender submits the relevant demand. In this case, interest is charged from the day the loan is issued until the day it is repaid.
Differences between a loan agreement and a loan agreement
Unlike lending, lending is a licensed activity. Banks are undoubtedly the main creditors in Russia.
A loan can be issued by any company, individual entrepreneur and even individuals. In this case, the loan agreement has the same criteria as the loan - urgency, payment and repayment.
Loan repayment under the agreement
Repayment under the loan agreement occurs on the terms specified in the agreement. At the same time, the agreement may not contain a repayment period - in this case, the parties should be guided by Article 810 of the Civil Code of the Russian Federation: the lender makes a claim to repay the loan, and the borrower meets this requirement within 30 days.
The agreement may provide for any procedure for the return of the loan:
- monthly or quarterly in equal amounts
- according to individual schedule
- lump sum at the end of the term
An interest-free loan can be repaid to the lender ahead of schedule without any restrictions and sanctions, provided that the lender is notified in advance. If the loan is interest-bearing, the agreement may provide for special conditions for the return of the loan, up to a ban and / or penalties.
If the borrower does not repay the loan within the specified time frame, the lender has the right to charge penalties. The amount of penalties should be stipulated in the agreement to be signed; otherwise, the lender has the right to charge penalties in the amount of the discount rate of the Central Bank of the Russian Federation.
The transfer of funds in debt in the amount of over 10 minimum wages between individuals and regardless of its size between legal entities must be documented in the form or a loan agreement (Article 808 of the Civil Code of the Russian Federation). In case of violation of this rule, the parties do not have the right to cite as evidence witness testimony confirming the transfer of funds into debt (clause 2 of article 808 of the Civil Code of the Russian Federation).
A receipt is most often drawn up between individuals when transferring money into debt, although nothing preventsloan agreement , between legal entities isloan agreement .
When transferring funds in debt between individuals in the amount of more than 50 minimum wages, it is presumed that the money was loaned at interest established by the refinancing rate at the place of residence of the lender, unless otherwise provided by the agreement (clause 3 of article 809 of the Civil Code of the Russian Federation). A loan between legal entities is always presumed to be interest-based, unless otherwise provided by the agreement, the interest on the loan is also determined by default by the bank rate at the lender's place of residence on the day of payment of the debt (clause 1 of Art. 809 of the Civil Code of the Russian Federation).
If in the loan agreement the parties have not established a period for the return of funds, then it will be considered that the debtor is obliged to return the debt within a reasonable time from the date of receipt of the corresponding claim from the creditor.
If the text of the agreement is drawn up on more than one page, then it is necessary that the parties put their signatures on each page of the document.
Interest-free cash loan agreement sample
Contract
interest-free cash loan
LenderBorrowerParties
SUBJECT OF THE CONTRACT
1.2. Under this agreement, interest for the use of the loan is not established.
RIGHTS AND OBLIGATIONS OF THE PARTIES
LIABILITY OF THE PARTIES
DISPUTE RESOLUTION
VALIDITY OF THE CONTRACT
FINAL PROVISIONS
| Lender: __________________
Lender: _________ /___________/ |
Borrower:
__________________
Date of Birth: _______________ The address:_______________________ Passport: series ______ No. ______ Issued by: ______________________ _____________________________ Date of issue: __________________ Borrower: __________ /____________/ |
Interest-bearing cash loan agreement sample
Contract
interest-bearing money loan
______________ "___" ______ 201__
Citizen ________________________________________, hereinafter referred to as "Lender", On the one hand, and a citizen of ________________________________________, hereinafter referred to as"Borrower", On the other hand, together hereinafter referred to as"Parties", Have entered into this agreement, hereinafter referred to as the" Agreement ", on the following:
SUBJECT OF THE CONTRACT
1.1. Under this agreement, the Lender transfers to the Borrower a loan in the amount of ________________________________________ rubles (hereinafter referred to as the "loan amount"), and the Borrower undertakes to repay the specified loan amount within the period specified in this agreement.
1.2. Under this agreement, the debtor is obliged to pay interest on the loan in the amount of 11 percent per annum on a monthly basis.
RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Lender is obliged to transfer the specified loan amount to the Borrower by "___" ______________ _______. The moment of transfer is the moment of receipt of funds at the Borrower's cash desk. Upon receipt of funds from the Lender, the parties sign a bilateral act. The loan amount must be transferred to the Borrower at a time and in full.
2.2. The loan amount must be repaid no later than "___" ______________ _______ year.
2.3. The loan amount can be repaid by the Borrower as a lump sum in full or in parts, however, the entire loan amount must be fully repaid by the Borrower no later than the term specified in clause 2.2 of this agreement.
LIABILITY OF THE PARTIES
3.1. In case of non-fulfillment or improper fulfillment by one of the parties of obligations under this agreement, it is obliged to compensate the other party for the losses caused by such non-fulfillment.
DISPUTE RESOLUTION
4.1. All disputes and disagreements that may arise between the parties under the obligation established in this agreement will be resolved through negotiations.
4.2. If the parties are unable to resolve the dispute through negotiations, the disputes will be resolved in a court of law established by the current legislation of the Russian Federation.
VALIDITY OF THE CONTRACT
5.1. This Agreement shall enter into force from the moment the Lender transfers the loan amount to the Borrower and is valid until the Borrower fully repays its obligations to the Lender.
5.2. This agreement may be terminated ahead of schedule by agreement of the parties or in other cases established by applicable law.
FINAL PROVISIONS
6.1. Any changes and additions to this agreement are valid provided that they are made in writing, signed by duly authorized representatives of the parties and sealed.
6.2. All notices and communications must be in writing.
6.3. This agreement is made in two copies with equal legal force, one copy for each of the parties.
ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
| Lender: __________________
Date of Birth: _______________ The address:_______________________ Passport: series ______ No. ______ Issued by: ______________________ _____________________________ Date of issue: __________________ Lender: _________ /___________/ |
Borrower:
__________________
Date of Birth: _______________ The address:_______________________ Passport: series ______ No. ______ Issued by: ______________________ _____________________________ Date of issue: __________________ Borrower: __________ /____________/ |
In contact with
02.01.2019
In life, everyone has come across a loan agreement and entered into a loan relationship. We lend to a friend up to the paycheck, we cannot refuse neighbors, we lend to relatives to buy furniture.
It's good when you can rely on your word of honor, but it's better to have additional guarantees that the money will come back. But what is the right way to lend? How to draw up a contract and guarantee a refund? Let's figure out the concept of a loan, the form and requirements for the agreement, consider how to legally draw up a loan agreement in different situations.
Use the proposed sample loan agreements and recommendations for their drafting, ask questions to lawyers specializing in contractual legal relations.
Monetary funds, securities and other things can be transferred under a loan agreement. The agreement is concluded for a certain period (fixed-term agreement) or without setting this period (unlimited loan agreement). The loan agreement may contain conditions for the payment of interest for the use of the loan (compensated agreement), or it may be interest-free.
Loan agreements can be concluded between citizens, between legal entities, as well as between individuals and legal entities. One of the varieties of a loan agreement is a loan agreement, in which banks and other credit organizations act as lenders.
The concept and form of a loan agreement
Loan agreement concept
The concept of a loan agreement is enshrined in Article 807 of the Civil Code of the Russian Federation. The law calls the person who transfers the money the lender, and the person who accepts the money the borrower. A loan agreement is an agreement between the parties, according to which the lender transfers the money (other things) to the borrower in ownership, and the borrower assumes the obligation to return this amount (or other things).
Transfer of money to ownership means that the borrower has the right to freely own, use and dispose of the money received. If it is necessary to limit the rights of the borrower, a targeted loan is issued, when the money received can be spent only for certain needs (for example, buying a real estate or a car).
Drawing up the text of the agreement and signing it by the parties does not mean that it has already been concluded. The loan agreement becomes concluded only from the moment the funds are transferred. Receipt of money is usually issued on behalf of the borrower.
Loan liabilities must be denominated in rubles. If the loan is made in a foreign currency, then the debt is paid in rubles in accordance with the official exchange rate of this currency on the day of payment. The parties can fix in the agreement a different rate and another date on which the corresponding exchange rate is determined.
Loan agreement form
The Civil Code provides for both oral and written form of the loan agreement. A written form of the agreement is required if the loan amount is more than 1000 rubles, which corresponds to 10 minimum wages. A loan agreement between legal entities or a loan agreement by an individual to a legal entity is drawn up in writing, and the size of the borrowed amount does not matter.
It is recommended in all cases to use only the written form of the loan agreement. This will help to prove your case in court, since it will be difficult for the lender to present other evidence, and the testimony of witnesses under the terms of the transaction, which must be made in writing, will not be accepted by the court.
Instead of drawing up a loan agreement, you can use a written form where the borrower will confirm the amount of the borrowed amount, indicate the period and procedure for its return.
Interest under the loan agreement
Paid loan agreement
The interest under the loan agreement is the payment of the borrower for the period of using the lender's funds. All loan agreements are considered onerous (that is, issued at interest), even if the amount of this interest is not fixed in the agreement itself, the lender has the right to apply the refinancing rate of the Central Bank of Russia. An exception to this rule is interest-free contracts.
The amount of interest under the agreement is determined by agreement of the parties, it can be expressed as a percentage for each day, month, year or any other period of use of borrowed funds. The amount of interest can be expressed in relation to the amount borrowed (for example, 20% per annum) or determined as a fixed amount (500 rubles for each day of using the loan amount).
It should be borne in mind that the condition of the loan agreement on inflated interest rates that significantly exceed those established in business turnover can be recognized by the court as an onerous transaction.
Interest-free loan agreement
As an exception to the general rule on the repayment of a loan, an agreement between individuals, which does not apply to entrepreneurial activity, should be considered. Moreover, the amount of such a loan should not exceed 5000 rubles. In this case, the loan agreement will be interest-free, unless the text of the agreement itself explicitly indicates the payment of interest.
Loans are also considered to be interest-free, in which not money is transferred, but some other things. However, this does not prevent the parties to the contract from securing the term on interest, based on the value of things or by accepting a different remuneration for providing a loan.
Agreement to the loan agreement
Cash loan agreements, like any other agreements, can be changed by the parties themselves if there is an appropriate agreement between them. The loan agreement can be terminated by the parties by their mutual agreement on the terms established by them. To consolidate such actions of the parties, an agreement to the loan agreement is provided.
In the agreement, you can set a new date for the return of funds, change the amount of interest on the loan, determine the sanctions for violating the terms of repayment of the debt. Once signed, the agreement is part of the loan agreement and the loan agreement should be construed only in the light of this agreement of the parties. The supplementary agreement must be executed in the same form as the main contract.
If the parties have not come to an agreement to amend or terminate the loan agreement, this is done only in court.
Execution of the loan agreement
Debt repayment under a loan agreement
The debt repayment should be determined by the parties and is fixed in the loan agreement. The parties have the right to provide for any procedure and terms for the return of borrowed funds. Money can be paid in a single amount or paid in periodic installments. For interest under the loan agreement, the rule is that they are paid monthly, unless otherwise specified in the agreement.
If the parties have not specified the term and procedure for the return of borrowed funds, the loan agreement is considered indefinite. Under an open-ended agreement, the lender has the right to demand the repayment of the debt at any time, while the borrower is obliged to return them within 30 days from the date of receipt of such a demand.
If the loan agreement is onerous, then an early return of funds can be made only with the consent of the lender. An exception is the situation when the borrower took money for personal, home or family use, that is, not related to entrepreneurial activity.
The debt repayment must also be confirmed in writing. When transferring funds in cash, a receipt is drawn up. The return of money by bank transfer is confirmed by bank documents.
If the borrower refuses to receive money, you can put it on a deposit or open an account in the name of the lender in the bank. In this case, a notice to the lender is mandatory, which can then be confirmed in court.
Violation of the loan agreement
For violation of the terms of the loan agreement, civil liability is provided. First of all, it is responsibility for the consequences of a delay in repayment of the loan amount. For violation of the terms for the return of funds established by the agreement, liability can be envisaged in the agreement itself in the form of interest on borrowed funds or in a specified amount of money.
The payment of this interest will be made without taking into account the interest for the use of borrowed funds. Under agreements providing for the repayment of debt in periodic payments, special consequences of violations of the terms of payment of the next payment have been established. In this case, the lender may demand early repayment of the entire loan amount with interest. Such interest should be considered the interest accrued for the entire period established by the contract for the return of the loan amount, and not only the interest accrued by the time of its early repayment.
To collect debt under a loan agreement, use:
Challenging a loan agreement
Loan agreements, like other transactions, are subject to the rules for void and void transactions. In addition, the borrower has the right to challenge the loan agreement due to his lack of money. Lack of cash means that the borrower did not receive money on loan or received it in a smaller amount than indicated in the loan agreement.
If it is established in the court session that the loan agreement is non-cash, the court will refuse to satisfy the claims on this basis or will reduce the amount to be recovered if the money was transferred in a smaller amount than indicated in the agreement.
Drawing up a loan agreement in writing will exclude the possibility of challenging his lack of money with testimony, except in cases of deception, violence and threats.
A cash-free loan agreement should be distinguished from the novation of a debt obligation into a loan. By agreement of the parties to the contract, debts under contracts of sale or lease of property, as well as other contracts providing for the payment of funds, can be replaced with debt obligations.
Loan agreement template
LOAN AGREEMENT
________________ "___" __________ ____
I, _______________________________________, hereinafter referred to as the "Lender", on the one hand, and
i, _______________________________________, hereinafter referred to as the "Borrower", on the other hand, have entered into an agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Lender transfers to the ownership of the Borrower monetary funds in the amount of _______ rubles, and the Borrower undertakes to return to the Lender the loan amount and interest accrued on it on the conditions provided for in the Agreement.
1.2. The amount of interest under the agreement is _______ of the loan amount.
2. PROCEDURE FOR PROVISION AND REFUND OF THE LOAN AMOUNT
2.1. The Lender transfers to the Borrower the loan amount "___" __________ ____. The fact of the transfer of funds is confirmed by the receipt of the Borrower.
2.2. The Borrower returns to the Lender the borrowed funds and accrued interest "___" __________ ____
2.3. The loan amount is repaid by the Borrower by _________.
2.4. Confirmation of the return of borrowed funds is a receipt issued by the lender.
3. INTEREST FOR USE OF LOAN AMOUNT
3.1. The interest for using the loan begins to accrue from the day the funds are transferred to the Borrower.
3.2. Interest for using the loan amount is paid in monthly installments until the _____ day of each month until the loan amount is repaid.
4. LIABILITY OF THE PARTIES
4.1. For late repayment of the loan amount, the Borrower shall pay the Lender a penalty in the amount of _____% of the outstanding loan amount for each day of delay.
5. FINAL PROVISIONS
5.1. The Agreement is considered concluded from the moment the Lender actually transfers the loan amount to the Borrower in accordance with clause 2.1 of this Agreement.
5.2. The Agreement is valid until the Borrower fully fulfills its obligations to repay the loan amount and pay interest, which is confirmed by a receipt from the Lender.
5.3. The contract is made in two copies, one copy for each of the parties.
6. ADDRESSES AND SIGNATURES OF THE PARTIES
Lender: _________ (________________________________________)
Borrower: _________ (________________________________________)
The agreement should be drawn up in as much detail as possible, it is necessary to enshrine all the agreements of the parties. It is necessary to avoid the possibility of ambiguous interpretation of the terms of the contract. The use of abbreviations in the text is not recommended.
The contract must indicate the place of its drawing up (city, town, village, etc.). The place where the loan agreement is drawn up is the locality where the parties signed it.
The loan agreement must indicate the date it was drawn up. The date is indicated in local time at the time of signing the contract.
The contract contains the full names, surnames and patronymics of the parties (the lender and the borrower), other data that will avoid confusion with the full namesakes, which will completely match these data. You can specify passport details or the date and place of birth of the parties to the contract.
When filling out the contract, it is better to use a citizen's passports, since by ear it is possible to incorrectly indicate the personal data of one of the parties, this will avoid fraudulent actions, see the signature of the borrower.
The amount of money to be transferred under the loan agreement is indicated in numbers and in words.
The agreement must provide for the procedure for transferring funds into a loan. The transfer can be confirmed in the contract itself or a separate receipt is issued during the transfer. You can indicate the transfer of money with a deferral.
The amount of interest under a loan agreement can be specified per year, per month, for each day of use of borrowed funds. You can express the amount of interest in a specific amount of money.
The parties must provide for the procedure and terms for the payment of interest on the loan. Interest can be paid daily, monthly, annually. It is possible to provide for the payment of all interest simultaneously with the payment of the principal debt, or establish a different payment procedure.
The parties must provide for a period for repayment of the debt under the loan agreement. This period can indicate a specific date or the occurrence of a specific event. If the repayment period is not determined, the loan agreement is considered indefinite, the lender has the right to demand repayment of the debt at any time, the borrower must return it within 30 days after receiving such a demand.
The contract must specify the procedure for the refund. Money can be returned in cash or by bank transfer.
The loan agreement can provide for the responsibility of the borrower for violating the terms of debt repayment. The penalty can be determined as a percentage for each day (month, week, year) of delay, or determined in a specific amount.
Other conditions can be included in the loan agreement by agreement of the parties. If these additional terms are contrary to law, they will not apply.
The loan agreement is drawn up in 2 copies, for each party its own.
At the end of the contract, each of the parties must sign and decipher (indicate the surname, name and patronymic). If the agreement itself can be drawn up in printed form, then the signatures and their complete decoding must be affixed to each one with his own hand, which will help in case the parties challenge the authenticity of their signatures.
A cash loan agreement is a document drawn up by the parties when transferring funds into debt. The Lender is the person who provides the funds and the Borrower is the person who accepts the funds. Along with monetary funds, things and other inventory items can be lent. A cash loan agreement is drawn up in a simple written form and no mandatory certification by a notary is required.
In accordance with Russian law, a loan agreement is considered concluded from the moment the funds are transferred from the Lender to the Borrower. That is, this agreement is preliminary in nature. A prerequisite for the validity of the agreement is the fixation of the transfer of funds from one party to the other. The transfer of funds under a cash loan agreement is formalized by an act of transfer and acceptance or... If the Borrower is an individual and funds are transferred in cash, then it is advisable to insist that the Borrower write a receipt for receiving funds in his own hand. His handwriting will once again testify to the completion of the transaction. Funds can also be transferred in a non-cash manner by transferring them to the current account of the Borrower. In this case, the document confirming the fulfillment by the Lender of its obligations under the agreement will be a payment order or a bank receipt with a mark (seal) on the bank transfer.
In accordance with the loan agreement of funds, it may provide for the obligations of the parties that do not contradict the legislation of our country, but at the same time expand and / or supplement the conditions for obtaining a loan.
The loan agreement may provide for the Lender to receive interest from the Borrower for the latter's use of other people's funds. At the same time, the sum of interest is not limited by legislation. If the contract does not contain a condition on the amount of interest for the use of funds. Then they (interest) are determined in the amount of the current refinancing rate set by the Central Bank of Russia.
Also, a debt repayment schedule may be established by a cash loan agreement. And also interest payments.
A monetary loan agreement is deemed to be interest-free, unless otherwise expressly provided in the said agreement, in cases where:
1. the loan agreement is concluded between citizens for an amount not exceeding fifty times the minimum wage established by law, and is also not related to the entrepreneurial activity of one of the parties under the agreement;
2. Under the agreement, the borrower is transferred not money, but other things, determined by generic characteristics.
On our website, you can download one of the options for a loan agreement for free or contact us to draw up an agreement personally for your situation.
Cash Loan Agreement
moscow "___" _________ 201_
JSC "____________", hereinafter referred to as the "Lender", represented by the General Director _______________, acting on the basis of the Charter, on the one hand, and LLC ___________, hereinafter referred to as the "Borrower", represented by the General Director _________________, acting on the basis of the Charter , on the other hand, entered into this cash loan agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Lender transfers to the Borrower with interest accrual a loan in the amount of ___________________________ ______________________________________________________________________ (indicate the currency of the cash loan agreement)
in the amount of _____________ (________________________________________), which is equivalent (in figures and words)
_____________ (_______________________________________________) rubles __ kopecks, (in figures and in words)
at the rate of the Bank of Russia for "___" __________ 201_, and the Borrower undertakes to return the specified loan amount with interest accrued on it by "___" ________ 201_.
etc…
The entire sample of the loan agreement is available in the attached file.
