Uploaded by: Marquita Moore at January 28 2018 05:25:15.
A simple loan agreement is a legal document that allows a lender to give access to money to a borrower with the intent on being paid back, at a specific particular date, and with interest. The amount of interest, usually described as a percentage (%) and compounded over a yearly basis, should be negotiated by the parties and may not be over the State’s usury limit. Once signed by the borrower and lender and all funds have been disbursed the agreement is legally binding and if the borrower defaults the lender may pursue legal action through small claims courts.
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.
It is the lender’s responsibility to determine the credit worthiness of the borrower. The borrower’s trustworthiness can be evaluated through credit reports and references. The borrower might also consider things like the length of time the borrower has lived somewhere or the amount of time at a job. The lender should read over the loan agreement draft to see if all the provisions and writings are accurate. The lender’s signature will convey that the document is read, understood, and accurate.
The last section will detail the information about the loan. This includes the term for the loan, the interest rate, total amount of the loan, and other financial specifics.
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