Posted by: Marilyn Vargas at March 02 2018 14:48:33.
A free loan agreement template is a document that will benefit anyone who is lending money to a person. It is a document ideal for an agreement between people who do not have contact with one another on a regular basis. The terms of the loan are available for the borrower to read and understand. The borrower must do so before signing the document. The document is also excellent if you are a lender who plans on charging interest on the money you lend to another
While mentioned in brief earlier, a free loan agreement template is a legal document. It must contain specific information in clear, legal language. In the event the lender or borrow decides to pursue legal action, a simple loan agreement must have correct and clear information. It will make all the difference when you take your dispute before a judge in a court of law. Every personal loan agreement template or alternative loan contract template has “must have” information in the document.
If a Lender is a company, and the Loan is being provided to a shareholder of that company, parties should be aware of division 7A of the Income Tax Assessment Act 1936 (Cth). Where the parties believe that division 7A applies to the Loan, they may wish to use an alternative agreement – the Division 7A Loan Agreement.
There are a number of issues that need to be addressed in order for a lender to enforce its security, such as: The loan agreement must contain a right of enforcement (including detailed provisions regarding when and how a lender can enforce its security). Ideally the enforcement provisions should be tailored to reflect the nature of the secured asset. Then the lender must formally demand repayment. There must be some agreement as to how the lender takes possession of the secured assets (or in some cases, ownership must pass in order for the security to be valid – for example, in the case of a legal mortgage of shares). The loan agreement must contain a power of sale in relation to the secured assets. The security may be invalid unless registered at Companies House and in the borrower’s company registers. If an individual or partnership provides security over chattels, the requirements of the rather arcane Bills of Sale Act (1878) must be complied with. In view of the complexity of taking security, you are advised to take legal advice to ensure that the proposed security is enforceable in the event of default in repayment.