Uploaded by: Victoria Person at February 14 2018 00:55:44.
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.
What, exactly, was the amount of the money owed? Most importantly, a loan agreement makes it clear that the money given was, in fact, a loan – and not a gift. Also, it tidies up the loan by setting out payment requirements. Is the loan to be paid back in installments, or all by a certain date? Is there any interest being charged on the loan, or late charges if the loan is not paid back?
This agreement is subject to the broad principles of contract law. Where the Borrower has provided security, Lenders may wish to perfect that security in accordance with the provisions of the Personal Property Securities Act 2009 (Cth).
This subfolder contains long and short form versions of loan agreements. These agreements contain a number of provisions including clauses on interest and repayments, and detailed provision for representations and warranties, covenants and undertakings. The Short Form Loan Agreement does not include the same level of detail or protection, and is suitable for less complex transactions.
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