Uploaded by: Lilia Giles at February 13 2018 18:19:08.
If the Lender is in the business of providing loans, the provision of the National Credit Code under the National Consumer Credit Protection Act 2009 (Cth) may apply. Lenders should review whether the provisions of that Act apply to their lending activities and ensure that they are in compliance with the rules that apply to Australian credit licence holders by tailoring this agreement accordingly.
A simple loan agreement is a legal document that allows a lender to give access to money to a borrower with the intent on being paid back, at a specific particular date, and with interest. The amount of interest, usually described as a percentage (%) and compounded over a yearly basis, should be negotiated by the parties and may not be over the State’s usury limit. Once signed by the borrower and lender and all funds have been disbursed the agreement is legally binding and if the borrower defaults the lender may pursue legal action through small claims courts.
With a clear loan agreement, the lender and borrower have rights that remain protected throughout the duration of the loan and repayment terms. The terms of a loan might seem difficult to draft. In the absence of a free loan agreement template this might be true. However, a loan template makes the task of document creation a breeze.
This document should be read carefully by the parties and the guarantors, where applicable. Every party should then sign and return a physical copy of the loan agreement. Individuals should ensure that their signature of the document is witnessed by another adult person - over the age of 18.
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agreement between two parties
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