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Posted by: Christen Giles at January 31 2018 06:10:50.
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).
In addition to the above information, some lenders add additional provisos to a loan agreement. Again, the terms of the loan must be clear. The borrow must agree to the terms in the document. Both the borrower and lender sign the agreement when the draft is complete. A witness is recommended but not always a legal necessity. A lender and/or borrower will need to find out the laws where you reside to see if a witness or notary public must see the parties sign the document, then both parties will have to provide proof of identification before signing in front of a legal notary.
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.
When it comes to legal forms and templates, the loan agreement template is valuable. Whether you are the person borrowing money or the lender, a contract is a necessity. The use of a loan agreement is prudent in such instances as it protects the borrower. The pre-defined terms of the loan are clear in the document. The paperwork also gives protection for the lender. That’s because the document serves as evidence of the terms of the loan and what the borrower has agreed to repay.
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