Uploaded by: Marquita Moore at March 11 2018 04:45:25.
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.
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.
The borrower should read the entire agreement. The borrower is responsible for understanding what is read. If the document is confusing, the borrower must question the document and get clarity before signing. When the borrower signs the document the individual is stating the document is clear, understood, and correct. The borrower and lender should have identification so the notary public can perform the official screening necessary at the loan signing.
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.
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