Uploaded by: Betty Cosper at March 10 2018 15:24:27.
The family loan agreement is a template that allows two (2) family members construct a legal contract for the lending of money to a borrower in exchange for being paid back at a later time with interest. Considering the person that is borrowing the money is family, the loan is unsecured which means there are no assets behind the paper agreement. If the borrower does not repay the debt, the lender’s only route to get their money back will be to go through legal action or small claims court.
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.
While mentioned in brief earlier, a free loan agreement template is a legal document. It must contain specific information in clear, legal language. In the event the lender or borrow decides to pursue legal action, a simple loan agreement must have correct and clear information. It will make all the difference when you take your dispute before a judge in a court of law. Every personal loan agreement template or alternative loan contract template has “must have” information in the document.
Where the Lender has requested that the borrower provide guarantors, those guarantors should also carefully read the entire Loan Agreement and their guarantee obligations, and sign where indicated.
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