Posted by: Crystal Darr at February 24 2018 21:14:42.
The legal issues surrounding the taking of security are complex, and there are various legal forms that can be used, for example, a chattel mortgage (a mortgage over tangible and moveable property, such as plant and machinery or vehicles), fixed and floating charge, pledge, lien and assignment by way of security. Security over shares is different again, and can be achieved by way of a legal mortgage, an equitable mortgage or an equitable charge.
One person might call the loan contract a promissory note or a promise to pay. Another might reference the document as a demand loan or a term loan. If the loan terms are in the title of the loan, the document template title is a secured loan or an unsecured note. All the latter document titles refer to the same type of legal documentation. A loan agreement template is a fill-in-the-blank form. You can use to define the parameters of the loan or amount of money a person borrows. A lender also defines the repayment terms. These documents help lenders and borrows avoid confusion. This paves the way to good borrower/lender relations in the future and ensures issues are easy to remedy.
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.
In legal cases involving loans without loan agreements, the court has to try to determine who is telling the truth about the terms of a loan, or even if a loan occurred. Even if you are lending to family or a friend you are certain would never cheat you, it is important to complete a free loan agreement template in order to protect your loan and the integrity of your relationship.