How to issue a loan agreement

How to issue a loan agreement

Did the companions contact you with a request to lend money? On the one hand, I do not want to lose cooperation, but the means is difficult to "tear off the heart." To date, almost everyone faces such a problem, and not everyone is decided to satisfy such a request. In fact, there is nothing terrible in this if the procedure for "take-off" is documented, which will be in itself legal force. Let's consider in more detail how the loan agreement is drawn up.

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So, the loan agreement is a formal document that regulates relations between the lender (gives funds) and the borrower (takes funds) about the take of money or other material things in debt. This transaction can be carried out in the form of a written or oral loan, as well as as a receipt.

There are several types of loans:

  • Loans between individuals and legal entities;
  • Loans between legal entities or private entrepreneurs;
  • Taking funds to debt between individuals;
  • Loans between legal entities (with remuneration and without it).

Conditions for the conclusion of such contracts are regulated at the legislative level. Civil Code (Chapter 42).

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Many are performed by the loan of the means on the basis of the oral agreement. It should be noted that this is a very risky step, and such operations must be carried out only with proven people or close relatives. In the event of a conflict situation, the guarantee of the return of debt even through judicial intervention is practically no. Therefore, be careful in your decisions.

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One common options for making a similar deal is to display. It is convenient in emergency situations when there is no necessary form of a contract at hand. But it should be remembered that the receipt is compiled unilaterally, without copies for the second partner of the transaction and, in the case of loss of a single copy, it becomes simply an oral agreement, and this is fraught with consequences.

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If you do not want to face the problems of returning your money, it is best to issue a loan agreement. It can be standard written or notarized. It is more reliable to make a similar contract complete with the reception.

When decorated, do not forget to adhere to the basic rules:

  1. Specify the place and date of the transaction in the document header. Also register the full contact details of both sides. If we are talking about a company, we need the name of the enterprise and the coordinates of the director, for individuals it is enough to regit.
  2. The subject of the contract is the amount of funds that is given in debt. I register it in words and in the numerical equivalent, do not forget about the currency of the transaction. This also indicates a specific order and form of a return of money (cash or non-cash).
  3. In the section "Rights and Responsibilities of the Parties", write the basic requirements for the deal partners. The first point and the basic rule should be that the borrower undertakes to return a specific amount of money in a certain period of time according to the above treaty.
  4. A separate clause of the contract indicates the urgency of the fulfillment of obligations and the procedure for improper use of the document. Be sure to register the amount of penalties in case of violation of the terms of the agreement. They must be preloaded by both parties. There is also a mark on emergency cases of force majeure, and what is the order of action in such situations.
  5. At the end of the document, actions are usually prescribed in case of violation of the terms of the contract and the procedure for applying to judicial instances. Do not forget to specify the complete details of both sides at the very end and copp the document with signatures.

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A standard question for many is - is it worth including interest from the use of material tools. As a rule, this item is one of the first to negotiate when concluding the transaction. Therefore, if you made decisions to give funds to debt percent, do not forget to register this condition a separate line in the document. An interest-free loan is considered to take funds in the amount of no more than 50 times the magnitude of the minimum wage. If you are faced with the problem of non-fulfillment of obligations under the terms of the contract, do not hurry to be upset - follow the lawyers for advice with further appeal to the court. The procedure for challenging such situations is agreed Civil Code (article 812).

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Now you know the main stages of compiling a loan agreement, and in what cases it is applicable. Therefore, if you doubt it in your choice, "borrow funds or not", follow the rule: loan money only with the mandatory compilation of a clear and constructive document.

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