Uploaded by: Victoria Person at February 14 2018 01:22:04.
A loan agreement is a written document that sets the terms of money or personal property that is to be borrowed by someone else for a period of time. The borrower is given the full sum of the loan on the first (1st) on the day of commencement and must pay back the lender along with any interest stated. The interest is usually computed as a yearly percentage (also referred as an APR).
The personal loan agreement is an unsecured contract that allows one party to borrow money, the borrower, from someone else, the lender, in exchange for the lender to be paid more money in return of payment. A loan ca be constructed in a number of ways, but the most common is for the borrower to pay back a portion on a timely basis until the lender it is fully reimbursed. During the course of the payments, the lender collects an interest on the balance not paid yet. The longer the loan has not been paid back, the more money the lender will receive cumulatively throughout the term of the loan.
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.
If a Lender is a company, and the Loan is being provided to a shareholder of that company, parties should be aware of division 7A of the Income Tax Assessment Act 1936 (Cth). Where the parties believe that division 7A applies to the Loan, they may wish to use an alternative agreement – the Division 7A Loan Agreement.
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