Uploaded by: Marilyn Vargas at February 01 2018 17:25:43.
A personal loan agreement template is a document that anyone can use to protect themselves as a lender. Filling out a simple loan agreement ensures that there is no confusion between the lender and the person in need of funds. A loan contract template takes the difficulty out of designing a concise and precise document. If the document is to be worth anything at all in a court of law, it must be accurate and define every aspect of the loan in question.
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).
One person might call the loan contract a promissory note or a promise to pay. Another might reference the document as a demand loan or a term loan. If the loan terms are in the title of the loan, the document template title is a secured loan or an unsecured note. All the latter document titles refer to the same type of legal documentation. A loan agreement template is a fill-in-the-blank form. You can use to define the parameters of the loan or amount of money a person borrows. A lender also defines the repayment terms. These documents help lenders and borrows avoid confusion. This paves the way to good borrower/lender relations in the future and ensures issues are easy to remedy.
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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