Posted by: Lilia Giles at February 07 2018 18:15:38.
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.
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.
Before you give someone a loan, you want to make sure that he or she will return the money within an agreed date. By using a Family loan Contract Template, you can track the status of the loan, including the grace period and the cause of action should the loan not be paid on time. Whether you are loaning to an individual or a company, an will be the single most valuable tool you will need to create the contract fast.
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.