Uploaded by: Marilyn Vargas at February 14 2018 00:42:33.
A loan agreement is a contract between a borrowing party and a lending party, such as a bank or other financial institution. There are many different types of loan agreements, but they all follow a similar pattern. This agreement will protect both parties during their financial transaction, whether it is related to real estate, businesses, or other finances.
These small or personal loans often occur between small business, between small businesses and individuals or among family and friends. It is often said that loaning money is the fastest way to ruin a relationship; however, when you follow a sample loan agreement, you can head off many problems. When you loan any amount of money, be it two hundred dollars or two thousand, it’s important to fill out and sign a loan agreement template.
Sale of the loan proviso: A lender might want to include the option of selling the loan to another party. This allows the lender to free themselves from the agreement through the sale, while still recouping some money. The loan buyer then becomes the creditor. The borrower remains the debtor and must repay the new loan holder.
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.
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