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Posted by: Terri Long at February 01 2018 23:16:51.
Unsecured Loans – Most standard loans are ‘unsecured’. This means that if the borrower does not pay back the lender then the lender will have to take the borrower to small claims in order to court order for the borrower to pay back the money.
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.
Loan agreement can be used to record the terms and conditions of a loan made between individual persons or companies. Whether the loan is between friends and family or is a commercial loan between two businesses for a specific purpose, options in this Loan Agreement will allow you to make a simple interest-free loan or add and automatically calculate interest, set a repayment schedule, add guarantors and require the borrowers to provide security for the loan.
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.
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