Uploaded by: Carol Thomas at March 10 2018 21:54:26.
Co-signer responsibilities: If the borrower is allowing a co-signer to also sign for the loan, the details of the co-signer’s responsibilities must be in the document. The co-signer is an option for borrowers who have little to no credit or who are young and just starting to build credit.
The legal issues surrounding the taking of security are complex, and there are various legal forms that can be used, for example, a chattel mortgage (a mortgage over tangible and moveable property, such as plant and machinery or vehicles), fixed and floating charge, pledge, lien and assignment by way of security. Security over shares is different again, and can be achieved by way of a legal mortgage, an equitable mortgage or an equitable charge.
Unsecured Loans – Most standard loans are ‘unsecured’. This means that if the borrower does not pay back the lender then the lender will have to take the borrower to small claims in order to court order for the borrower to pay back the money.
A company is a party to this agreement they should ensure that the Loan Agreement is signed by two authorised signatories, either two directors or a director and a company secretary. Where a company only has a single director, that person may sign the agreement as the sole director.
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