And the borrower undertakes to repay. Sample loan agreement with interest concluded between legal entities
____________________ ___________________________ "___" ______________ _______
Represented by ________________________________________, acting on the basis of ________________________________________, hereinafter referred to as “ Lender", on the one hand, and ________________________________________ represented by ________________________________________, acting on the basis of ________________________________________, hereinafter referred to as " Borrower", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
- In accordance with this agreement, the Lender transfers into the ownership of the Borrower a sum of money, hereinafter referred to as the “Loan” in the amount of ________________________________________ rubles, and the Borrower undertakes to return to the Lender before “___”______________ _______ the same amount in the amount of ________________________________________ rubles, and also pay interest in accordance with the procedure , in the amount and within the terms provided for in this agreement.
- This Agreement is considered concluded from the moment of signing and is valid until the obligations are fully fulfilled by both parties.
- This Agreement is concluded with the condition that the loan will be used for the intended purpose of ________________________________________.
- In accordance with this Agreement interest rate on the loan is _______% per annum.
- Interest is calculated based on the amount provided for in clause 1 of this Agreement and is not subject to recalculation in connection with the repayment of the principal amount of the debt.
- The Borrower undertakes to repay the loan and interest for using the loan to the Lender on time and in the manner provided for in this Agreement and the payment obligation. Interest for using the loan is calculated monthly on the date of actual receipt of the loan and is not subject to recalculation in case of payment of interest earlier than the due date.
- The borrower has the right to repay the loan and interest earlier than the deadline established in the payment obligation in accordance with the features provided for in clause 6 of this agreement.
- In case of untimely repayment of the loan amount and interest for using the loan, the Borrower shall pay a penalty in the amount of _______% for the entire period of delay. The penalty is calculated on the outstanding balance of the loan.
- In case of untimely repayment of borrowed funds, the Lender has the right to demand repayment of the entire loan amount, including interest on the use of borrowed funds and penalties.
- The lender has the right to indisputably demand early repayment of the loan in the following cases:
- the Borrower's refusal to make changes to this agreement;
- failure to provide or provision by the Borrower of false calculations or other information;
- provision of forged contracts ensuring execution under this Agreement;
- misuse cash received under this Agreement;
- untimely payment of loan payments and interest for using the loan provided for by the payment obligation.
- Amounts contributed (transferred) by the Borrower to repay the debt under this Agreement are sent regardless of the purpose of the payment specified in the payment document, in the following order:
- payment of a fine (penalty);
- interest repayment;
- to repay loan debt.
- The Borrower undertakes, no later than seven days from the date of conclusion of this Agreement, to provide a written notification to the Lender indicating the quantity and price of purchased goods, items, materials, property, and provide other documents confirming the intended use of the loan. In case of failure to fulfill this obligation, the Borrower undertakes to return the loan amount and pay a fine in the amount of _______% of the loan amount. Payment of the fine does not relieve the Borrower from paying interest on the use of borrowed funds.
- The Borrower's liability under this Agreement is built regardless of his guilt. Disputes and disagreements that may arise between the parties to this agreement are resolved in court.
- This Agreement is drawn up in two copies - one for each of the parties.
Article . Loan agreement
1. Under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it.
2. The rules provided for in paragraph 1 of this chapter apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement.
Article . Loan agreement form
The loan agreement must be concluded in writing.
Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered void.
Article . Refusal to provide or receive a loan
1. The lender has the right to refuse to provide the borrower with the loan provided for in the loan agreement in whole or in part if there are circumstances clearly indicating that the amount provided to the borrower will not be repaid on time.
2. The borrower has the right to refuse to receive a loan in whole or in part by notifying the lender before the deadline established by the agreement for its provision, unless otherwise provided by law, other legal acts or the loan agreement.
3. If the borrower violates the obligation for the intended use of the loan provided for in the loan agreement (), the lender also has the right to refuse further lending to the borrower under the agreement.
3. COMMODITY AND COMMERCIAL CREDIT
Article . Trade credit
The parties may enter into an agreement providing for the obligation of one party to provide the other party with things defined by generic characteristics (commodity credit agreement). The rules of paragraph 2 of this chapter apply to such an agreement, unless otherwise provided for by such an agreement and does not follow from the essence of the obligation.
Conditions on quantity, assortment, completeness, quality, containers and (or) packaging of provided items must be fulfilled in accordance with the rules on the contract for the sale of goods (Articles 465 - 485), unless otherwise provided by the trade credit agreement.
Article . Commercial loan
1. Agreements, the execution of which is associated with the transfer to the ownership of another party of money or other things determined by generic characteristics, may provide for the provision of a loan, including in the form of an advance, prepayment, deferment and installment payment for goods, work or services (commercial loan ), unless otherwise provided by law.
2. The rules of this chapter accordingly apply to a commercial loan, unless otherwise provided by the rules of the agreement from which the corresponding obligation arose and does not contradict the essence of such obligation.
Hereinafter referred to as the "Lender", represented by ____________, acting on the basis of ________, on the one hand, and __________, hereinafter referred to as the "Borrower", represented by ________, acting on the basis of _______, on the other hand, have entered into this Agreement as follows.
1. SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Lender allocates funds to the Borrower in the amount of ______ rubles (__________ thousand rubles), and the Borrower undertakes to repay the amounts received within the period stipulated by this Agreement. No interest is accrued on the funds provided.
1.2. This Agreement is considered concluded from the moment of transfer by the Lender specified in clause 1.1. of this Agreement the amount of funds or transfer of the specified amount to his bank account.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Rights and obligations of the Lender:
2.1.1. The Lender undertakes to transfer to the Borrower or transfer to his bank account the required loan amount in accordance with the written request of the Borrower within _______ from the receipt of the specified request. At the request of the Borrower, the allocated amounts may be transferred to the accounts of third parties.
2.1.2. The Lender has the right to demand that the Borrower repay the borrowed funds within the period stipulated by this Agreement.
2.1.3. The Lender has the right to defer the fulfillment of obligations to return the transferred amounts to the Borrower in the manner and under the conditions provided for in this Agreement.
2.1.4. In the event of a deterioration in the financial and economic situation of the Borrower, the Lender has the right to collect the disbursed amount ahead of schedule.
2.2. Rights and obligations of the Borrower:
2.2.1. The Borrower undertakes to return the amounts of funds received under this Agreement no later than "__" _____ _______.
2.2.2. The allocated amounts of borrowed funds can also be repaid by the Borrower ahead of schedule.
2.2.3. If, by the time the obligations to repay the borrowed funds are fulfilled, the Borrower is unable to fulfill its obligations, the Lender has the right to grant the Borrower a deferment to fulfill its obligations under this Agreement. The deferment is provided subject to the Borrower notifying the Lender in writing of the impossibility of fulfilling obligations within the period stipulated by the Agreement. Such notification must be made no later than _____ before the fulfillment of obligations under this Agreement. The deferment is granted for the period specified in the additional agreement to this Agreement.
2.3. At the end of each month, the parties draw up acts of reconciliation of mutual settlements.
2.4. By agreement of the parties, the Borrower's obligation under this Agreement may be terminated by the Borrower providing compensation (transferring any property, including property rights, into the ownership of the Lender) by signing an independent agreement to this effect.
3. RESPONSIBILITY OF THE PARTIES
3.1. In case of non-fulfillment or improper fulfillment of this Agreement, the parties are liable in accordance with current legislation.
4. FORCE MAJEURE (FORCE MAJEURE)
4.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement, which the parties could not foresee or prevent.
4.2. If the circumstances specified in clause 4.1 occur, each party must immediately notify the other party about them in writing. The notice must contain information about the nature of force majeure circumstances. It must be accompanied by official documents certifying the existence of these circumstances and, if possible, assessing their impact on the likelihood of the party fulfilling its obligations under this Agreement.
4.3. If a party does not send or untimely sends the notice specified in clause 4.2, then it is obliged to compensate the other party for the losses it has incurred.
4.4. In cases of the occurrence of the circumstances provided for in clause 4.1, the deadline for the party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.
4.5. If the circumstances listed in clause 4.1 and their consequences continue to apply for more than two months, the parties conduct additional negotiations to identify acceptable alternative ways execution of this Agreement.
5. PRIVACY
5.1. The terms of this Agreement and amendments, additions and annexes to it are confidential and are not subject to disclosure.
5.2. The parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other party, do not inform third parties about the details of this Agreement and changes, additions and annexes to it.
6. TERM OF THE AGREEMENT
6.1. This Agreement comes into force on the date of receipt by the Borrower specified in clause 1.1. amount of money and is valid for __________ from the named moment.
7. OTHER CONDITIONS
7.1. In all other respects that are not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation.
7.2. All changes, additions and appendices to this Agreement are an integral part of it and are considered legally valid provided that they are made in writing and signed by authorized representatives of the parties.
7.3. This Agreement is drawn up in two copies (one for each party) having equal legal force.
8. DISPUTE RESOLUTION
8.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in this Agreement will be resolved through negotiations.
8.2. If disagreements are not resolved during negotiations, the disputes are referred to arbitration court Moscow.
9. ADDRESSES AND DETAILS OF THE PARTIES
Lender: _________________________________
Borrower:_________________________
10. SIGNATURES OF THE PARTIES
| Lender: _______________________ M.P. |
Borrower: _______________________ M.P. |
Please help me understand the loan agreement. LOAN AGREEMENT No.
"" 201___ , hereinafter referred to as the “Lender”, represented by a person acting on the basis of the Charter, on the one hand, and the borrower, state passport (certificate of state registration)
residing (located) at the address: , hereinafter referred to as the “Borrower”, on the other hand, have entered into this agreement as follows:
1. In accordance with this agreement, the Lender transfers into ownership to the Borrower a sum of money, hereinafter referred to as the “Loan” in the amount
() rub., and the Borrower undertakes to return to the Lender by "" 201___. the same amount in the amount of () rub., as well as pay interest in the manner, amount and within the time limits provided for in this agreement.
2. This Agreement is considered concluded from the moment the borrower receives funds.
3. This Agreement was concluded with the condition that the loan is used for the intended purpose
4. In accordance with this Agreement, the interest rate on the loan is ()% per annum.
5. Interest is calculated based on the amount provided for in clause 1 of this Agreement and is not subject to recalculation in connection with the repayment of the principal amount of the debt.
6. The Borrower undertakes to repay the loan and interest for using the loan to the Lender on time and in the manner provided for in this Agreement and the payment obligation.
Interest for using the loan is calculated monthly on the date of actual receipt of the loan and is not subject to recalculation in case of payment of interest earlier than the stipulated date.
7. The borrower has the right to repay the loan and interest earlier than the deadline established in the payment obligation in accordance with the features provided for in clause 6 of this agreement.
8. In case of untimely repayment of the loan amount and interest for using the loan, the Borrower shall pay a penalty of 2% for each day of delay. The penalty is charged on the remaining balance of the loan.
9. In case of untimely repayment of borrowed funds, the Lender has the right to demand the return of the entire loan amount, including interest on the use of borrowed funds and penalties.
10. Amounts contributed (transferred) by the Borrower to repay the debt under this Agreement are sent regardless of the purpose of the payment specified in the payment document, in the following order: a) payment of a fine (penalty); b) interest repayment; c) to repay loan debt.
11. In the process of work, the Lender has the right to check the financial and economic situation of the Borrower.
12. The Borrower undertakes, upon the first request of the Lender, to provide the latter with written information confirming the safety of the subject of security for the Borrower’s fulfillment of its obligations under this Agreement
13. The Borrower undertakes, no later than seven days from the date of conclusion of this Agreement, to provide a written notification to the Lender indicating the quantity and price of purchased goods, items, materials, property, and provide other documents confirming the intended use of the loan. In case of failure to fulfill this obligation, the Borrower undertakes to return the loan amount and pay a fine of 10% of the loan amount. Payment of the fine does not relieve the Borrower from paying interest on the use of borrowed funds.
The Borrower's liability under this Agreement is built regardless of his guilt.
Disputes and disagreements that may arise between the parties to this agreement shall be resolved in court.
This Agreement has been drawn up in three copies - one for each of the parties and for the notary.
Signatures of the parties:
LENDER
BORROWER
//
NOTARY
I have verified my identity. The document was signed in my presence. I certify the signature "" 201___ //
02.01.2019
In life, everyone has come across a loan agreement and entered into a borrowing relationship. We lend money to a friend until they get paid, we can’t refuse to neighbors, we lend money 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 be returned. But how to lend correctly? How to draw up an agreement and guarantee a refund? Let's understand the concept of a loan, the form and requirements for the agreement, and consider how to legally competently draw up loan agreements in different situations.
Use the proposed loan agreement samples and recommendations for drafting them, and ask questions to lawyers specializing in contractual relations.
Under a loan agreement, funds may be transferred, securities and other things. The contract is concluded for a certain period ( fixed-term contract) or without establishing this period (unlimited loan agreement). The loan agreement may contain conditions for the payment of interest for using the loan (compensatory agreement), or it may be interest-free.
Loan agreements can be concluded between citizens, between legal entities, and also between individuals and legal. One of the types of loan agreement is loan agreement, in which banks and other credit organizations are the lenders.
Concept and form of loan agreement
The concept of a loan agreement
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 money a lender, and the person who accepts money a borrower. A loan agreement is an agreement between the parties, according to which the lender transfers money (other things) to the borrower in ownership, and the borrower assumes the obligation to return this amount (or other things).
Transfer of money into 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).
Drawing up the text of an agreement and signing it 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. A receipt is usually drawn up on behalf of the borrower regarding the receipt of money.
Monetary obligations for a loan must be determined in rubles. If the loan of funds is issued in 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 may stipulate in the agreement a different rate and a different date on which the corresponding exchange rate is determined.
Loan agreement form
IN civil code There are both oral and written forms 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 between an individual and 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 a written form of the loan agreement. This will help 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 concluded in writing, is not accepted by the court.
Instead of drawing up a loan agreement, you can use a written form, where the borrower confirms the amount of the borrowed amount, indicates the period and procedure for its repayment.
Interest on the loan agreement
Paid loan agreement
Interest under a loan agreement is the borrower's payment for the time of using the lender's funds. All loan agreements are considered compensated (that is, issued with 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 are 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 borrowed amount (for example, 20% per annum) or determined in a fixed amount (500 rubles for each day the loan amount is used).
It should be taken into account that the condition of the loan agreement regarding inflated interest rates, significantly exceeding those established in business transactions, may be recognized by the court as an enslaving transaction.
Interest-free loan agreement
As an exception to general rule on the repayment of a loan should be considered an agreement between individuals, which does not relate to entrepreneurial activity. In this case, the amount of such a loan should not exceed 5,000 rubles. In this case, the loan agreement will be interest-free, unless the text of the agreement itself directly states the payment of interest.
Loans in which not money, but some other things are transferred are also considered interest-free. However, this does not prevent the parties to the agreement from establishing an interest clause, based on the cost of things or accepting other remuneration for the provision of a loan.
Agreement to the 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 mutual consent on the terms established by them. To secure such actions of the parties, an agreement is provided for the loan agreement.
The agreement can set a new date for the return of funds, change the amount of interest for using the loan, and determine sanctions for violating the deadlines for repaying the debt. Once signed, the agreement forms part of the loan agreement, and the loan agreement must be interpreted only in light of this agreement of the parties. Additional agreement must be drawn up in the same form as the main contract.
If the parties do not agree to amend or terminate the loan agreement, this can only be done in court.
Execution of the loan agreement
Repayment of debt under a loan agreement
Repayment of the debt must 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 repayment of borrowed funds. The money can be paid in one lump sum or paid in periodic installments. For interest under a 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 repaying the borrowed funds, the loan agreement is considered to be of unlimited duration. Under an open-ended agreement, the lender has the right to demand repayment of the debt at any time, and the borrower is obliged to repay them within 30 days from the date of receipt of such a demand.
If the loan agreement is for compensation, then early repayment of funds can only be made 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 business activities.
Repayment of the debt must also be documented 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 the money, it can be deposited or an account opened in the name of the lender at the bank. In this case, notification to the lender is required, which can then be confirmed in court.
Violation of the loan agreement
Violation of the terms of the loan agreement provides for civil liability. First of all, this is responsibility for the consequences of late repayment of the loan amount. For violation of the terms established by the contract for the return of funds, liability can be provided for in the contract itself in the form of interest on borrowed funds or in a specified amount of money.
Payment of these interests will be made without taking into account interest for the use of borrowed funds. Under agreements that provide for the repayment of debt in periodic payments, special consequences are established for violations of the terms of payment of the next payment. In this case, the lender may demand repayment of the entire loan amount with interest ahead of schedule. Such interest should be considered interest accrued for the entire period, established by contract to repay the loan amount, and not just the interest accrued at the time of its early repayment.
To collect debt under a loan agreement, use:
Challenging the loan agreement
Loan agreements, like other transactions, are subject to the rules for void and voidable transactions. In addition, the borrower has the right to challenge the loan agreement due to its lack of funds. Lack of money means that the borrower did not receive the money in debt or received it in a smaller amount than specified in the loan agreement.
If at a court hearing it is established that the loan agreement is non-monetary, the court will refuse to satisfy the claims on this basis or will reduce the amount of the amount recovered if the money was transferred in a smaller amount than specified in the agreement.
Drawing up a loan agreement in writing will exclude the possibility of challenging its lack of money with testimony, except in cases of deception, violence and threats.
It is necessary to distinguish a non-monetary loan agreement from the novation of a debt obligation into a borrowed one. By agreement of the parties to the agreement, it is possible to replace debts under agreements for the sale or lease of property, as well as other agreements providing for the payment of funds, with borrowed obligations.
Loan agreement template
LOAN AGREEMENT
g. ________________ “___”__________ ____ g.
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. SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Lender transfers ownership to the Borrower of funds in the amount of _______ rubles, and the Borrower undertakes to return to the Lender the loan amount and interest accrued on it under the conditions provided for in the Agreement.
1.2. The amount of interest under the agreement is _______ of the loan amount.
2. PROCEDURE FOR PROVIDING AND RETURNING THE LOAN AMOUNT
2.1. The Lender transfers to the Borrower the loan amount “___”__________ ____. The fact of transfer of funds is confirmed by a receipt from the Borrower.
2.2. The Borrower returns to the Lender the borrowed funds and accrued interest “___”__________ ____.
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 THE LOAN AMOUNT
3.1. Interest on the loan begins to accrue from the day the funds are transferred to the Borrower.
3.2. Interest on the use of the loan amount is paid in monthly installments by 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 repay the loan amount and pay interest, which is confirmed by a receipt from the Lender.
5.3. The agreement is drawn up in two copies, one copy for each of the parties.
6. ADDRESSES AND SIGNATURES OF THE PARTIES
Lender: _________ (__________________________________________)
Borrower: _________ (__________________________________________)
The contract must be drawn up in as much detail as possible; it must contain all agreements of the parties. It is necessary to avoid the possibility of double interpretation of the terms of the contract. The use of abbreviations in the text is not recommended.
The contract must indicate the place where it was drawn up (city, town, village, etc.). The place of drawing up the loan agreement is the locality where the parties signed it.
The loan agreement must indicate the date of its preparation. The date is indicated in local time at the time the contract is signed.
The agreement shall indicate the full surnames, first names and patronymics of the parties (lender and borrower), and other data that will avoid confusion with full namesakes, for whom this data will completely coincide. You can indicate passport details or the date and place of birth of the parties to the contract.
When filling out an agreement, it is better to use a citizen’s passport, since by ear you can incorrectly indicate the personal data of one of the parties, this will allow you to avoid fraudulent actions and see the borrower’s signature.
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 for the loan. The transfer can be confirmed in the contract itself or a separate receipt is issued upon transfer. You can indicate the transfer of money with a deferment.
The amount of interest under the 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 monetary amount.
The parties must provide for the procedure and terms for paying interest on the loan. Interest can be paid daily, monthly, annually. You can 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 deadline for repaying the debt under the loan agreement. This period may indicate a specific date or the occurrence of a specific event. If the repayment period is not specified, the loan agreement is considered to be of unlimited duration, the lender has the right to demand repayment of the debt at any time, and the borrower must repay it within 30 days after receiving such a demand.
The contract must specify the procedure for returning money. Money can be returned in cash or non-cash.
The loan agreement may provide for the borrower's liability for failure to repay the debt. The penalty can be determined as a percentage for each day (month, week, year) of delay or determined in a specific amount.
Other conditions may be included in the loan agreement by agreement of the parties. If these additional terms are contrary to law, they will not apply.
The loan agreement is drawn up in 2 copies, one for each party.
At the end of the agreement, each party must put its signature and transcript (indicate the last name, first name and patronymic). If the agreement itself can be drawn up in printed form, then the signatures and their full transcript must be affixed to each person in his own hand, which will help in case the parties dispute the authenticity of their signature.