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Loans/ Agreements

A Loan Agreement is a formal contract controlling the promises made by each party in a borrowing and lending relationship.

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What is a Loan Agreement?

A Loan Agreement is a formal contract controlling the promises made by each party in a borrowing and lending relationship. It is a formal record that attests to a loan. A loan agreement may have a lending institution, friends, family, and other parties as parties.

No matter who the parties are, a loan agreement is necessary. Additionally, it acts as a legal document to resolve any future conflicts that may develop between the borrower and the lender.

The loan aggrement contains the terms agreed upon by the parties, including how much will be borrowed, how it will be repaid and any penalties that may result from late payments.

The terms Acknowledgement of Debt, Acknowledgment of Loan, Agreement for Loan, Agreement for Repayment of Loan, and Agreement to Advance Money are also used to describe loan agreements.

These fundamental components are identified in the loan agreement:

  • Borrower: The person receiving the funds and reimbursing them is the borrower.
  • Lender: the person who is offering the loan and will receive repayment
  • Principal amount: The Principal Amount is the amount borrowed in a loan agreement.
  • Interest: extra money owed, typically expressed as a percentage of the amount borrowed
  • Maturity Date: the deadline for remitting the funds in order to avoid default.

Relevant laws

The fundamental guidelines of the Contract Act of 1872 apply to this arrangement. The Corporations Act of 2013 governs how companies can provide loans, guarantees, or security to their directors (whether directly or indirectly).

Regarding interest rates on loan aggrement, banks must abide by the directives given by the Reserve Bank of India.

The advantages of a loan agreement

The following are the main advantages of such agreements among family or friends:

The Lender could always take the signed loan agreement to the court as evidence of the transaction and seek money from the Borrower if the Borrower is unable to repay the loan amount.

The loan agreement serves as powerful proof to precisely know the values of these in the event that there is any disagreement about the amount, rate of interest, time limit for repayment, etc.

Both parties are prohibited from defrauding the other, and the likelihood of this happening is quite low.

Since both parties' signatures are plainly visible on the loan agreement, it is difficult to forge signatures or create fictitious agreements.

You can hire a lawyer online to write a loan agreement for you.

Important Sections of a Loan Agreement

All relevant terms and conditions should be included. Among other things, a loan agreement process must state the following crucial terms:

  • The parties' ages, full names, and residential addresses, as well as any other pertinent personal information,
  • The loan's justifications,
  • The amount paid and the payment method,
  • The length of the loan's period,
  • Required as collateral is the security (if applicable),
  • The loan's manner of repayment,
  • Mortgage rate (if any),
  • Penalty provision detailing the fine that would be assessed if the borrower failed to repay the loan on time,
  • General provisions include the date of signing the agreement and any applicable legislation, arbitration clause, etc.

What happens if the lender or borrower passes away before making their loan payments?

According to the loan agreement process in India, authorities will take the borrower's assets to cover the remaining debt if they pass away before repaying the loan. The co-signer is accountable for the loan if there is one.

The borrower owes the lender's estate if they pass away before receiving full repayment. In this situation, the remaining debt will be paid by the heirs of the lender's estate.

If the loan is for a sizeable sum, it's crucial that they update their Last Will to state how they want the outstanding loan handled after their passing.

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