The transfer of funds or valuable property for a certain period of time in debt is a fairly popular procedure. In order for it to be officially recorded, loan agreements are drawn up, which are a regulator of the emerging relationship between the borrower and the lender. With the help of this document, the official transfer of not only money, but also various values ​​with generic characteristics is ensured.

A loan agreement is a binding document not only for the lender, but also for the recipient of the loan. It is here that the rights and obligations of each party are spelled out. In accordance with it, the borrower undertakes to return the borrowed amount or values ​​in their original form within a predetermined period. The lender undertakes to transfer property or money, and at the same time not to require their early return, provided the other party observes the main provisions of the document.

Many people do not understand the documents or do not want to do this, so they often have a question regarding loan agreements: what are they. This is pretty easy to figure out. It is allowed to conclude a document in different ways, so it is not necessary to draw up a written agreement, since a verbal agreement is considered a common action.

A written document must be drawn up if the loan amount exceeds the minimum wage by 10 or more times. The same applies to situations where the property being transferred exceeds this indicator in value.

Regardless of the size of the loan, a written form of the agreement is required if a legal entity acts as one of the parties. A special receipt drawn up by the borrower serves as a confirmation of the contract. It can be replaced by another suitable document serving as confirmation of the transferred amount or valuable item by the lender.

Features of the document

It is a correctly drawn up agreement that acts as a regulator of relations between the parties. It is a guarantee that the funds issued will actually be returned back to the owner. Most often, you have to deal with cash loans, when money is transferred from one person or company to another citizen or organization.

It is the loan agreement that is considered the most popular; before using it, you just need to figure out what a loan agreement is, what main points it should contain, and also how to make it legally binding. If the basic rules of drawing up are violated, then it is highly likely that the lender, if the borrower does not return his funds, will not even be able to go to court to resolve the conflict situation.

It is allowed that the cash loan agreement contains accurate and detailed information about the interest charged on the debt, if it is agreed in advance by the two parties. If there is no corresponding clause stating that the document is interest-free, then the lender has the right to receive income from the transfer of money into debt.

It is best to notarize the drawn up agreement, since if such an agreement exists, there are no difficulties with its use in court if the borrower refuses to repay the debt. However, when contacting a notary, it becomes necessary to pay for the services of this specialist, as well as the state fee.

Can interest be written in the document?

Before you draw up a loan agreement, you need to decide whether the lender will require the borrower to pay interest. The following parameters are taken into account here:

  • if there are no special clauses in the agreement, on the basis of which it becomes clear that the lender has the right to require the borrower to pay certain interest;
  • if the interest is not specified exactly, then their amount is calculated taking into account the level of the discount rate of the Central Bank of the Russian Federation, unless a different amount is agreed by the parties;
  • since the Central Bank rate is taken into account, the amount of interest may change, which the borrower must take into account;
  • the Central Bank rate is taken into account only if funds were transferred in rubles, and not in any foreign currency.

Knowing how to correctly determine interest, each borrower can independently calculate what amount in the form of interest should be given together with the borrowed funds to the lender.

What actions should be taken before signing the contract

Before signing the document by both parties, the following factors are taken into account:


If you know how to draw up a document, and what nuances should be taken into account before signing it, then you can protect yourself from fraud.

Consequences for violation of clauses of the document

If one of the parties violates the basic terms of the loan agreement, then for each of them its own consequences are assigned. If the borrower acts as a violator, then the lender has the right to demand payment of inflationary costs, as well as charge interest on delays.

In addition, in the process of drawing up this document, each party may bring responsibility for the other in relation to certain violations. For example, if delays appear, then fines or interest may be charged. The penalty is expressed as a percentage of the outstanding debt.

It is allowed to increase the limitation period in the case of loan agreements. In accordance with the law, this period, in general, is equal to three years, and during this time the lender can go to court to collect the debt. If you go to court after three years, then the borrower has the right to satisfy the claims of the other party in connection with the expiration of this period. However, if the drawn up agreement contains information about an increase in this period, for example, up to 5 years, then the lender can apply to the court for collection within this time.

Thus, if a loan is issued on certain conditions, then it is advisable to immediately draw up an official document presented by the loan agreement. It is recommended to notarize it, as well as to prescribe in it the basic conditions and nuances of the transfer and return of money, which include accrued interest, loan term, responsibility of the parties and other important points of the process. If everything is done correctly, the lender will be protected from possible non-return of borrowed funds.

Features of creating a receipt

In the process of drawing up a loan agreement, it is important to draw up a receipt. It is a significant document, so you need to know how to properly draw it up so that it has legal force and can be used by each party as proof of their rightness in the event of any disagreement.

The receipt is drawn up immediately upon the formation of the loan agreement. It should be formed in accordance with the rules of registration, since it depends on whether it will be possible to return borrowed funds with its help in the future. The receipt is effectively used in court, serving as proof that the funds under the agreement were indeed transferred to the borrower, therefore he is obliged to return them in full, as well as with accrued interest in accordance with the terms of the agreement.

It is necessary to write a receipt even if a notarized document is drawn up. It is a confirmation of the very fact of transferring money from the lender to the borrower.

What are the requirements for a receipt

It is necessary to write a receipt for a loan of money in accordance with certain requirements and rules so that it has legal force, therefore, the following points are taken into account:


It is not difficult to draw up a receipt, and in addition the parties may come to an agreement on the introduction of additional requirements into this document, which include:

  • The exact date by which the funds should be fully returned. In this case, the possibility of refunding money in partial payments or in full at the end of the established period may be indicated. It is advisable to indicate the exact date to avoid confusion. If there is no such date in the receipt, then the borrower must return the money within 30 days after the lender asks for it.
  • The amount of interest charged for the use of borrowed funds. As a rule, a monthly rate is determined, but it is allowed to set a rate for any period.
  • A fine or penalties are indicated if the borrower violates the basic requirements of the contract, as a result of which he does not pay the funds within the prescribed period. The penalty is a fixed amount and the penalty is calculated based on the selected percentage.

Thus, a correctly written document acts as a guarantee for the lender that the funds issued to the borrower will be returned in accordance with all the conditions agreed in advance. It is the contract and the receipt that are used in court, therefore, if they are available and due to the correct spelling, there will be no problems with collection through the court.

How money is returned using a receipt

If this document is drawn up, then it is important to figure out in advance how the money issued in debt is returned using it. If there is a relationship of trust between the two parties, then usually no problems arise. If they are strangers to each other, then often difficulties arise with the return of funds. For example, the borrower may lose his job or fall ill, but the lender still demands the debt back.

If the borrower does not return the money in accordance with the data available in the agreement and the receipt, then the lender has the right to apply to the court for enforcement. If all the documents are official and correctly drawn up, no difficulties arise in the court, therefore a positive decision for the creditor is made. Enforcement proceedings begin, according to which bailiffs have the right to use various methods to help repay the debt.

Thus, when transferring funds on a loan to an individual or legal entity, a loan agreement is drawn up. Along with it, a receipt should be made, which serves as proof of the transfer of money. These documents should be drawn up only in accordance with certain rules and requirements, since only then will they have legal force, therefore they can be applied in court by the creditor. It is best to notarize them, since in this case, if one of the parties violates the clauses of the contract, the other has the right to go to court, where the contract and the receipt will act as evidence.

Financial issues, especially when it comes to loans to friends or relatives, often turn into problems. Even a small amount is unpleasant to return. And often even a small loan becomes the subject of controversy. When it comes to serious funds, the loss of which may affect your financial well-being, the risk of conflicts between the parties increases many times. Due to misunderstandings by the parties of the conditions on which the money is given (taken in), when the time for returning the money comes, the relationship between the parties deteriorates. Sometimes it comes to a complete rupture of partnerships, friendships and even family relations. And this does not get rid of, at times, the problem of refunds or unreasonable demands.

How to secure yourself financially, depriving the debtor of the opportunity not to recognize the debt, and the debtor, in turn, clearly understand all the conditions for the return of the amount of money and not give the opportunity, for example, to the creditor to shift the terms to earlier or increase the interest?

Undoubtedly, documentary evidence of financial obligations will help in this, with which you will feel calm. The best option for such confirmation, which protects both from the unwanted consequences of the transaction, is.

One of the main advantages of a loan agreement is that all the conditions can be spelled out in detail. , which is often written in such cases, and which is considered to be the main document when it comes to debt obligations, is actually ineffective. It cannot contain any conditions. The receipt simply reflects the fact of the transfer of money and the possible time for their return. The loan agreement, in turn, may contain the terms of the installment plan, and other conditions agreed by both parties.

The procedure for signing a loan agreement is very simple. You come to the notary, tell: on what conditions do you want to give a loan, for how long, choose the place and method of returning the money, determine whether interest will be charged on the loan, or it will be interest-free, some additional conditions agreed by the parties. All these conditions will be reflected in the contract. be sure to check the documents provided to him, as well as the will and, to make sure that the borrower is also reporting on their actions. After drawing up the document, the notary will explain in detail what consequences these or those conditions will entail. And only then the loan agreement will be signed by the parties and certified by a notary.

Why is it better to certify a loan agreement with a notary? It is important to know that all the facts that the notary has included in and certified have increased evidentiary force, that is, they are not subject to additional proof in court. To challenge notarized facts, you must first prove that the notary performed the notarial act in violation of the law. For the court, a notarized loan agreement will be a weighty argument, which confirms both the fact that he pledged to return the money within a certain period of time, and the fact that he received the money exactly on the conditions that are spelled out in the agreement.

In addition, a notarized loan agreement makes it possible to use the procedure for out-of-court debt collection with the help of a notary's executive note:

Any loan agreement, regardless of the presence of other conditions, must indicate:
* recipient's name (full name, passport details and registration),
* amount in figures and words,
* conditions for issuing money (for example, the amount of interest for the use of funds or lack thereof),
* the exact date of the refund.

the recipient of the loan, who assumes the obligation and guarantees the return of the funds received, as well as the payment of the loan provided. A consumer loan borrower is an individual who has applied to a lender with the intention of obtaining, receiving or having received a consumer loan (loan). A mortgage borrower is an individual, a citizen of the Russian Federation, who has entered into a loan agreement with a bank (credit institution) or a loan agreement with a legal entity (non-credit institution), under which the funds received in the form of a loan are used to purchase housing. The security for the fulfillment of obligations under such agreements is a pledge of the acquired housing (mortgage). A borrower under a loan agreement is a person who received a loan and assumed an obligation to return it in accordance with the terms of the agreement.an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities).under the loan agreement, one party (the lender) transfers to the ownership of the other party (the borrower) money or other things defined by generic characteristics, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of the same kind and quality ...the person who provided the loan and acquires the right to its subsequent return and payment for its provision.legal entities and individuals that conclude or have concluded an agreement with each other. The state (the Russian Federation, its subjects), which act on an equal footing with other participants in civil law relations, can be a party to the agreement.necessary elements in the conclusion of the transaction. The internal desire of a person to conclude a transaction with the aim of the occurrence of certain legal consequences is called will, and communicating such a desire to the attention of other participants is called an expression of will. Will and will must be the same to ensure the legality of the transaction.loans, commodity and commercial loans, loans, bank deposits, bank accounts or other borrowings, regardless of the method of their registration.a written document signed by a person, certifying that this person has received money, things or other material values ​​from another person and undertakes to return them. A correctly executed receipt can serve as one of the proofs of the fact of the transfer of values, but in many cases it is not a sufficient basis for demanding them.this is a person who, by virtue of an assumed obligation, is obliged to perform a certain action in favor of another person (creditor).agreement of two or more persons on the establishment, change or termination of civil rights and obligations.

Interest in the issues of drawing up a loan agreement between individuals is due to its widespread use in everyday life. But many citizens find themselves in extremely unpleasant situations if the persons to whom they have lent money let them down. To avoid such problems, you should know how to properly arrange a cash loan.

If it is not possible to obtain a loan from a bank or a credit institution, it remains to take the funds for use from an individual. Such relations between citizens, when one party (the lender) transfers money to the other party (the borrower), which undertakes to return them on time and on agreed terms, are called a loan agreement between individuals.

Form of agreement

Let's consider how to correctly draw up a document on the transfer of money, what points must be provided for in it in order to ensure its smooth execution.

The form of the contract depends primarily on its amount. If the subject of the agreement is less than ten, then you can agree on the loan and the terms of its return orally. In all other cases, a written form is required. If you wish, you can draw it up at a notary office, but the law does not contain such requirements. In order to avoid additional material costs associated with paying for notary services, you can limit yourself to a simple written form. The court procedure is carried out in a simplified manner with the issuance of a court order to the lender.

Sometimes the parties draw up an agreement in the presence of witnesses who also put their signatures on it. There is no particular need for this, since the fact of the transfer of money is confirmed by the very fact of the conclusion of the contract.

What is the significance of the receipt of the borrower in receiving money?

The same role is played by a receipt written personally by the borrower, which indicates the exact amount of debt, by whom and from whom it was taken (indicating their names and passport data), the period of its return and the amount of interest (if any). There are no strict requirements for its preparation in the legislation. You should treat its design with all responsibility. It undeniably proves the fact of the loan. When transferring a loan of more than a thousand rubles, ask the debtor to write a receipt with his own hand. This will help to avoid problems with debt collection in the future.

Requirements for the contract

The loan agreement can be drawn up by yourself, because it is not particularly difficult.

Main points:

  • full details of the parties, indicating their full names, passport details, addresses;
  • the amount of the loan, indicated in numerical and verbal terms;
  • method of transferring money (in cash, by crediting to a card, bank account);
  • whether interest is payable, if so, in what amount;
  • the period after which the debt must be returned;
  • the procedure for returning money, as well as the possibility of early repayment of debt. You can envisage the possibility of calculating in parts, then you should attach a settlement schedule or simply indicate the frequency of payments (for example, monthly or quarterly);
  • the moment of termination of obligations.

If new circumstances arise, you can make additions or changes to the contract by formalizing them in the form of an additional agreement. It must be compiled in two copies. And you shouldn't allow any corrections in it. A sample contract can be downloaded below.

Retribution of contractual relations

Loans between citizens can be free of charge. This means that the borrower returns at the end of the agreed period to the lender exactly the amount that he took for temporary use. If the contract is concluded on such conditions, then this must be indicated.

The lender has the right to receive interest from the borrower for the loan provided to him. Their sizes are established by agreement of the parties and must be prescribed in a written document. If the agreement specifies compensation without a specific amount of interest, then the refinancing rate that was in effect on the date of its conclusion (article 809 of the Civil Code of the Russian Federation) is taken for them.

Responsibility of the parties

Drawing up a written document takes on particular importance if the borrower fails to fulfill its obligations under it:

  • non-return of the amount taken for use;
  • debt repayment with interest overdue for the agreed period.

In such circumstances, the borrower is held liable in the form of payment of interest. Its size is determined by the parties by mutual agreement and is charged for each day of delay. But the total amount of the penalty should not be equal to or exceed the amount owed.

It is advisable to provide for all possible cases of violation of the terms of the agreement by the parties and liability in case of their occurrence.

Dispute Resolution

A malicious failure to comply with the terms of the loan agreement leads to a conflict situation. The best way to resolve it would be a peaceful settlement of the issue. It is worth agreeing to postpone the date of debt repayment, reduce interest or change the method of repayment of the loan. The parties may be satisfied with this option: instead of repaying the debt in monetary terms, the borrower provides any services or work.

If the negotiations were unsuccessful, the issue is decided in court. You need to be prepared for the fact that the trial will not be completed quickly. In addition, it implies additional costs on the part of the lender: payment of state fees and the possible services of a lawyer in drafting a claim or representing in court. The bailiffs are in charge of the execution of the received court decision.

When a loan is formalized in writing (notarized or in simple written form), legal proceedings are carried out in a simplified manner and in a shorter time frame. To minimize the losses of the lender in case of violation of the agreement on the part of the borrower, only competent formalization of relations on the transfer of funds into debt will help.

02.01.2019

In life, everyone has come across a loan agreement and entered into a loan relationship. We lend to a friend up to the paycheck, we cannot refuse neighbors, we lend to relatives to buy furniture.

It's good when you can rely on your word of honor, but it's better to have additional guarantees that the money will come back. But what is the right way to lend? How to draw up a contract and guarantee a refund? Let's understand the concept of a loan, the form and requirements for the agreement, consider how to legally draw up a loan agreement in different situations.

Use the proposed sample loan agreements and recommendations for their drafting, ask questions to lawyers specializing in contractual legal relations.

Monetary funds, securities and other things can be transferred under a loan agreement. The agreement is concluded for a certain period (fixed-term agreement) or without setting this period (unlimited loan agreement). The loan agreement may contain conditions for the payment of interest for the use of the loan (paid agreement), or it may be interest-free.

Loan agreements can be concluded between citizens, between legal entities, as well as between individuals and legal entities. One of the varieties of a loan agreement is a loan agreement in which banks and other credit organizations act as lenders.

The concept and form of a loan agreement

Loan agreement concept

The concept of a loan agreement is enshrined in article 807 of the Civil Code of the Russian Federation. The law calls the person who transfers the money the lender, and the person who accepts the money the borrower. A loan agreement is an agreement between the parties, according to which the lender transfers the money (other things) to the borrower into ownership, and the borrower assumes the obligation to return this amount (or other things).

The transfer of money to ownership means that the borrower has the right to freely own, use and dispose of the money received. If it is necessary to limit the rights of the borrower, a targeted loan is issued, when the money received can be spent only on certain needs (for example, buying real estate or a car).

The drafting of the text of the agreement and its signing by the parties does not mean that it has already been concluded. The loan agreement becomes concluded only from the moment the funds are transferred. Receipt of money is usually issued on behalf of the borrower.

Cash liabilities for a loan must be determined in rubles. If the loan is made in a foreign currency, then the debt is paid in rubles in accordance with the official exchange rate of this currency on the day of payment. The parties can fix in the agreement a different rate and another date on which the corresponding exchange rate is determined.

Loan agreement form

The Civil Code provides for both oral and written form of the loan agreement. A written form of the agreement is required if the loan amount is more than 1000 rubles, which corresponds to 10 minimum wages. A loan agreement between legal entities or a loan agreement by an individual to a legal entity is drawn up in writing, and the size of the borrowed amount does not matter.

It is recommended in all cases to use only the written form of the loan agreement. This will help to prove your case in court, since it will be difficult for the lender to present other evidence, and the testimony of witnesses under the terms of the transaction, which must be made in writing, will not be accepted by the court.

Instead of drawing up a loan agreement, you can use a written form, where the borrower will confirm the amount of the borrowed amount, indicate the period and procedure for its return.

Interest under the loan agreement

Paid loan agreement

Interest under the loan agreement is the payment of the borrower for the period of using the lender's funds. All loan agreements are considered onerous (that is, issued at interest), even if the amount of this interest is not fixed in the agreement itself, the lender has the right to apply the refinancing rate of the Central Bank of Russia. An exception to this rule is interest-free contracts.

The amount of interest under the agreement is determined by agreement of the parties, it can be expressed as a percentage for each day, month, year or any other period of use of borrowed funds. The amount of interest can be expressed in relation to the amount borrowed (for example, 20% per annum) or determined in a fixed amount (500 rubles for each day of using the loan amount).

It should be borne in mind that the condition of the loan agreement on inflated interest rates significantly exceeding those established in business turnover may be recognized by the court as an onerous transaction.

Interest-free loan agreement

As an exception to the general rule on the repayment of a loan, an agreement between individuals, which does not apply to entrepreneurial activity, should be considered. Moreover, the amount of such a loan should not exceed 5,000 rubles. In this case, the loan agreement will be interest-free if the text of the agreement does not explicitly indicate the payment of interest.

Loans are also considered to be interest-free, in which not money is transferred, but some other things. However, this does not prevent the parties to the contract from securing the term on interest, proceeding from the value of things or accepting a different remuneration for the provision of a loan.

Loan agreement

Cash loan agreements, like any other agreements, can be changed by the parties themselves if there is an appropriate agreement between them. The loan agreement can be terminated by the parties by their mutual agreement on the terms and conditions established by them. To consolidate such actions of the parties, an agreement to the loan agreement is provided.

In the agreement, you can set a new date for the return of funds, change the amount of interest on the loan, determine the sanctions for violating the terms of repayment of the debt. Once signed, the agreement is part of the loan agreement and the loan agreement should be construed only in the light of this agreement of the parties. The supplementary agreement must be executed in the same form as the main contract.

If the parties have not come to an agreement on changing or terminating the loan agreement, this is done only in court.

Execution of a loan agreement

Debt repayment under a loan agreement

Debt repayment should be determined by the parties and fixed in the loan agreement. The parties have the right to provide for any procedure and terms for the return of borrowed funds. Money can be paid in one amount or paid in periodic installments. For interest under the loan agreement, the rule is that they are paid monthly, unless otherwise specified in the agreement.

If the parties have not specified the term and procedure for the return of the borrowed funds, the loan agreement is considered indefinite. Under an open-ended agreement, the lender has the right to demand the repayment of the debt at any time, while the borrower is obliged to return them within 30 days from the date of receipt of such a demand.

If the loan agreement is onerous, then an early return of funds can be made only with the consent of the lender. An exception is the situation when the borrower took money for personal, home or family use, that is, not related to entrepreneurial activity.

Debt repayment must also be confirmed in writing. When transferring funds in cash, a receipt is drawn up. Cashless refunds are confirmed by bank documents.

If the borrower refuses to receive money, you can put it on a deposit or open an account in the name of the lender in the bank. In this case, a notice to the lender is mandatory, which can then be confirmed in court.

Breach of a loan agreement

For violation of the terms of the loan agreement, civil liability is provided. First of all, this is responsibility for the consequences of a delay in repayment of the loan amount. For violation of the terms for the return of funds established by the contract, liability can be envisaged in the contract itself in the form of interest on borrowed funds or in a specified amount of money.

The payment of this interest will be made without taking into account the interest for the use of borrowed funds. Under agreements providing for the repayment of debt in periodic payments, special consequences of violations of the terms of payment of the next payment have been established. In this case, the lender may demand the return of the entire loan amount with interest ahead of schedule. Such interest should be considered the interest accrued for the entire period established by the agreement for the return of the loan amount, and not only the interest accrued by the time of its early repayment.

To collect debt under a loan agreement, use:

Challenging a loan agreement

Loan agreements, like other transactions, are subject to the rules for void and void transactions. In addition, the borrower has the right to challenge the loan agreement due to his lack of money. Lack of cash means that the borrower did not receive money on loan or received it in a smaller amount than indicated in the loan agreement.

If it is established in the court session that the loan agreement is non-cash, the court will refuse to satisfy the claims on this basis or reduce the amount recovered if the money was transferred in a smaller amount than indicated in the agreement.

Drawing up a loan agreement in writing will exclude the possibility of challenging his lack of money with testimony, except in cases of deception, violence and threats.

It is necessary to distinguish a non-cash loan agreement from the novation of a debt obligation into a loan. By agreement of the parties to the contract, debts under contracts of sale or lease of property, as well as other contracts providing for the payment of funds, can be replaced with debt obligations.

Loan agreement template

LOAN AGREEMENT

________________ "___" __________ ____

I, _______________________________________, hereinafter referred to as the "Lender", on the one hand, and

I, _______________________________________, hereinafter referred to as the "Borrower", on the other hand, have entered into an agreement on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Lender transfers to the ownership of the Borrower funds in the amount of _______ rubles, and the Borrower undertakes to return the loan amount and interest accrued to the Lender on the conditions stipulated by the Agreement.

1.2. The interest rate under the agreement is _______ of the loan amount.

2. PROCEDURE FOR PROVISION AND REFUND OF THE LOAN AMOUNT

2.1. The Lender transfers to the Borrower the loan amount "___" __________ ____. The fact of the transfer of funds is confirmed by the receipt of the Borrower.

2.2. The Borrower returns the borrowed funds and accrued interest to the Lender "___" __________ ____

2.3. The loan amount is repaid by the Borrower by _________.

2.4. Confirmation of the return of borrowed funds is a receipt issued by the lender.

3. INTEREST FOR USE OF LOAN AMOUNT

3.1. Interest for using the loan begins to accrue from the day the funds are transferred to the Borrower.

3.2. Interest for using the loan amount is paid in monthly installments until the _____ day of each month until the loan amount is repaid.

4. RESPONSIBILITY OF THE PARTIES

4.1. For late repayment of the loan amount, the Borrower shall pay the Lender a penalty in the amount of _____% of the unpaid loan amount for each day of delay.

5. FINAL PROVISIONS

5.1. The Agreement is considered concluded from the moment the Lender actually transfers the loan amount to the Borrower in accordance with clause 2.1 of this Agreement.

5.2. The Agreement is valid until the Borrower fully fulfills its obligations to return the loan amount and pay interest, which is confirmed by the Lender's receipt.

5.3. The agreement has been drawn up in duplicate, one copy for each of the parties.

6. ADDRESSES AND SIGNATURES OF THE PARTIES

Lender: _________ (________________________________________)

Borrower: _________ (________________________________________)

    The agreement should be drawn up in as much detail as possible, it is necessary to enshrine all the agreements of the parties. It is necessary to avoid the possibility of ambiguous interpretation of the terms of the contract. The use of abbreviations in the text is not recommended.

    The contract must indicate the place of its preparation (city, town, village, etc.). The place where the loan agreement is drawn up is the locality where the parties signed it.

    The loan agreement must indicate the date it was drawn up. The date is indicated in local time at the time of signing the contract.

    The agreement contains the full names, surnames and patronymics of the parties (the lender and the borrower), other data that will avoid confusion with the full namesakes, which will completely match these data. You can specify passport details or the date and place of birth of the parties to the contract.

    When filling out the contract, it is better to use a citizen's passports, since it is possible to indicate incorrectly the personal data of one of the parties by ear, this will avoid fraudulent actions, and see the signature of the borrower.

    The amount of money to be transferred under the loan agreement is indicated in numbers and in words.

    The agreement must provide for the procedure for transferring funds into a loan. The transfer can be confirmed in the contract itself or a separate receipt is issued during the transfer. You can indicate the transfer of money with a deferral.

    The amount of interest under a loan agreement can be specified per year, per month, for each day of use of borrowed funds. You can express the amount of interest in a specific amount of money.

    The parties must provide for the procedure and terms for the payment of interest for the use of the loan. Interest can be paid daily, monthly, annually. It is possible to provide for the payment of all interest simultaneously with the payment of the principal debt, or establish a different payment procedure.

    The parties must provide for a period for repayment of the debt under the loan agreement. This period can indicate a specific date or the occurrence of a specific event. If the repayment period is not determined, the loan agreement is considered indefinite, the lender has the right to demand the repayment of the debt at any time, the borrower must return it within 30 days after receiving such a demand.

    The contract must specify the procedure for the refund. Money can be returned in cash or by bank transfer.

    The loan agreement can provide for the responsibility of the borrower for violation of the terms of debt repayment. The penalty can be determined as a percentage for each day (month, week, year) of delay or determined in a specific amount.

    Other conditions can be included in the loan agreement by agreement of the parties. If these additional terms are in conflict with the law, they will not apply.

    The loan agreement is drawn up in 2 copies, for each party its own.

    At the end of the contract, each of the parties must sign and decipher (indicate the last name, first name and patronymic). If the agreement itself can be drawn up in printed form, then the signatures and their complete decoding must be affixed to each one with his own hand, which will help in case the parties challenge the authenticity of their signatures.

A loan agreement is a document certifying that one party (the Lender) gives the other party (the Borrower) a certain amount of money, which the borrower promises to return on time and, by agreement, with interest.

The loan agreement is drawn up in writing in two copies. Without the conclusion of such an agreement, if the Borrower refuses to return the money, the Lender will not be able to legally demand his invested funds from him.

Samples and forms of money loan agreements

Loan agreement terms and conditions

The form of the loan agreement, according to the Civil Code of the Russian Federation, is arbitrary, therefore, special attention should be paid to the most accurate statement of the conditions and nuances of the transaction.

Each loan agreement concluded by the parties has its own characteristics and is drawn up for a specific situation.

According to the Civil Code of the Russian Federation, a money loan agreement can be drawn up by lending an amount over one thousand rubles.
The interest on the loan due to the Lender is not limited by law and is set by the parties by agreement.

If the agreement is concluded between individuals, and the loan amount is more than 5,000 rubles (as well as for agreements with the participation of legal entities for any amount), the agreement is automatically recognized as compensated (with interest), unless the gratuitous return of money is not stipulated.
If the amount of interest is not mentioned in a repayable loan agreement, it is charged in accordance with the refinancing rate of the Central Bank of the Russian Federation.

The lender can be any person recognized as legally capable - both physical and legal (unless the company's Charter prohibits the issuance of loans).

Contract form and example of correct filling

Each cash loan agreement contains:

  • the names of the parties (full name and address for individuals, the name of the organization and the name of its head for legal entities);
  • loan amount;
  • conditions for issuing and repaying a loan: for how long, with or without interest, stages of refund, and so on.
  • responsibility in case of non-fulfillment by the Borrower of the terms of the agreement.

Together with the agreement, the transfer of money to the Borrower must be confirmed by a receipt drawn up by him personally and certified by his personal signature on when, from whom, until what time and how much he received. If money is transferred by bank transfer, the proof of its delivery will be a bank receipt or a payment order with a mark on the execution of the transfer.

The loan agreement may be accompanied by:

  1. loan transfer schedule,
  2. loan repayment schedule,
  3. interest payment schedule.

The loan agreement may be accompanied by documents:

  1. disagreement protocol,
  2. dispute reconciliation protocol,
  3. additional agreement to the loan agreement.

Additional agreement to the loan agreement

There are situations when the Borrower, for some reason, cannot fulfill the terms of the loan agreement - for example, when the amount is issued more than the agreed one, or the Borrower has circumstances in which it is difficult to repay the loan (lower wages, prolonged illness, dismissal, etc.) ).

For such a case, in order to adequately get out of the situation, it is envisaged to draw up an additional agreement to the loan agreement.

It is drawn up in writing, without errors or corrections, clearly and unambiguously; numbers are deciphered in words.

The agreement has:

  • date of compilation,
  • details of the parties,
  • indication of the number and date of the main contract,
  • validity period of the additional agreement.

Additionally, the agreement must be signed by both parties; it can be issued for any loan agreement.

The subject of an additional agreement may be:

  • extension of the loan term,
  • decrease / increase in interest on a loan,
  • reduction of the loan amount,
  • changing the order of loan repayment, etc.

You cannot refuse to fulfill the additional agreement, you can only cancel it by concluding a new additional agreement.

As soon as an additional agreement on a loan agreement is concluded and signed, the clauses of the main agreement, amended in the agreement, lose their force, and the parties are now guided by the terms of the additional agreement.