Uploaded by: Lilia Giles at February 13 2018 20:29:58.
A simple loan agreement is a legal document that allows a lender to give access to money to a borrower with the intent on being paid back, at a specific particular date, and with interest. The amount of interest, usually described as a percentage (%) and compounded over a yearly basis, should be negotiated by the parties and may not be over the State’s usury limit. Once signed by the borrower and lender and all funds have been disbursed the agreement is legally binding and if the borrower defaults the lender may pursue legal action through small claims courts.
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.
When you are looking for a quality free loan agreement template, it is your responsibility to ensure the paper contains all the following pertinent information: (1). The current date of the document: It should match the date the borrower, lender, and witness sign the document or the date should be a bit earlier than the signatures date. (2). Information on the lender: The name, address, and contact information of the borrower. (3). Information on the borrower: The name, address, and contact information of the lender. (4). Loan principle details: The amount of the principle of the loan (the funds less the compounded interest). (5). Interest facts: The conditions of the interest and how it applies to the principle. This includes the rate of interest as well as if the borrower must pay off the interest first before the principle. (6). The conditions of loan use: The lender retains the right to define how the borrow uses the funds and for what purpose. (7). How the borrower pays back the funds: The options for loan repayment. (8). Clear loan terms: The term length and duration. (9). Collateral terms: The free loan agreement template should explain any kind of collateral the to which the borrower and lender agree. (10). Cancellation options: The terms the lender agrees to allow the cancellation of the loan. (11). Early payoff opportunities: Early repayment terms and if there is a penalty for repayment. (12). In the event of default: The terms of what happens if the borrower defaults on the payments. The actions the borrower will take if the borrower does not pay back all the principle and interest.
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.
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