Uploaded by: Christen Giles at February 20 2018 01:19:30.
Loan agreement can be used to record the terms and conditions of a loan made between individual persons or companies. Whether the loan is between friends and family or is a commercial loan between two businesses for a specific purpose, options in this Loan Agreement will allow you to make a simple interest-free loan or add and automatically calculate interest, set a repayment schedule, add guarantors and require the borrowers to provide security for the loan.
In a loan agreement template, the amount of the loan is in print. The printed terms prevent future dispute of loan terms. If there is interest on the loan amount, the amount of interest is also part of the documented material. Having the loan amount clear ensures no disagreement about what the borrower receives. The borrower is also clear about repayment expectations. Repayment expectations include the amount of the loan plus interest. It also includes the length of time the borrower must repay the total amount. The time the lender allows for repayment is part of the options the borrower conveys in writing. The timeframe might be days, weeks, months, or years.
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.
Co-signer responsibilities: If the borrower is allowing a co-signer to also sign for the loan, the details of the co-signer’s responsibilities must be in the document. The co-signer is an option for borrowers who have little to no credit or who are young and just starting to build credit.
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