Posted by: Crystal Darr at February 09 2018 14:23:52.
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 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.
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.
This agreement is subject to the broad principles of contract law. Where the Borrower has provided security, Lenders may wish to perfect that security in accordance with the provisions of the Personal Property Securities Act 2009 (Cth).