Uploaded by: Terri Long at January 25 2018 09:21:51.
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.
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.
A loan agreement doesn’t just prevent the lender from being “cheated”, it clarifies the terms of the loan and protects both parties. You’ll notice several things when browsing a sample loan agreement. A free loan agreement template clearly defines all parts of the loan so there are no misunderstandings later on.
A person is a notary public if the state has issued them a license to fulfil such a role. The job of the notary is to ensure no fraud occurs during the official signing of the document. Part of the notarial acts the notary fulfils is to prove the lender and borrower are who they say they are before entering into an agreement. It is another measure that helps protect both parties signing the free loan agreement template.
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