Uploaded by: Crystal Darr at January 28 2018 05:07:52.
While these may not be things that lenders want to consider when loaning to someone they trust, it is important to protect both parties when lending money. If the person borrowing the money will not be able to pay it back for several months, they might feel more comfortable with the protection of a loan agreement template that states that prior to the exchange of funds. Filling out and signing a free loan agreement template takes very little time and effort, but can prevent many legal and personal problems later on.
A company is a party to this agreement they should ensure that the Loan Agreement is signed by two authorised signatories, either two directors or a director and a company secretary. Where a company only has a single director, that person may sign the agreement as the sole director.
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.
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.
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