Posted by: Marquita Moore at February 12 2018 19:10:45.
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 family loan agreement is a template that allows two (2) family members construct a legal contract for the lending of money to a borrower in exchange for being paid back at a later time with interest. Considering the person that is borrowing the money is family, the loan is unsecured which means there are no assets behind the paper agreement. If the borrower does not repay the debt, the lender’s only route to get their money back will be to go through legal action or small claims court.
Where the Lender has requested that the borrower provide guarantors, those guarantors should also carefully read the entire Loan Agreement and their guarantee obligations, and sign where indicated.
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.