Loan agreement. Loan agreement, cash loan Loan agreement template

Please help me with 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, passport (certificate of state registration)
residing (located) at: , 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 to the ownership of the Borrower an amount of money, hereinafter referred to as the "Loan" in the amount of
() rub., and the Borrower undertakes to return to the Lender before "" 201___. the same amount in the amount of () RUB., as well as to pay interest in the manner, in the amount and within the time limits stipulated by this agreement.
2. This Agreement is considered concluded from the moment the borrower receives the funds.
3. This Agreement is concluded with the condition of the intended use of the loan for
4. In accordance with this Agreement, the interest rate on the loan is ()% per annum.
5. Interest is calculated on the basis of the amount provided for in paragraph 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 return to the Lender the loan and interest for the use of the loan on time and in the manner prescribed by this Agreement and the payment obligation.
Interest for the use of 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.
7. The borrower has the right to repay the loan and interest earlier than the term established in the payment obligation in accordance with the specifics provided for in clause 6 of this agreement.
8. In case of late repayment of the loan amount and interest for using the loan, the Borrower shall pay a penalty in the amount of 2% for each day of delay. Penalty is charged on the balance of the loan debt.
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 for the use of borrowed funds and penalties.
10. The 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) repayment of interest; c) to pay off a loan.
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, at the first request of the Lender, to provide the latter with written information confirming the safety of the subject of securing the performance by the Borrower 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 notice to the Lender indicating the quantity and price of the purchased goods, things, materials, property, provide other documents confirming the intended use of the loan. In case of failure to fulfill this obligation, the Borrower undertakes to repay the loan amount and pay a fine in the amount of 10% of the loan amount. The payment of the fine does not exempt the Borrower from paying interest on the use of borrowed funds.
The Borrower's liability under this Agreement is built regardless of his fault.
Disputes and disagreements that may arise between the parties to this agreement are resolved in court.
This Agreement is made in triplicate - 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___ //

Under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality (Clause 1, Article 807 of the Civil Code of the Russian Federation).

If one of the parties to the agreement is a legal entity, then the agreement must be concluded in writing (clause 1, article 808 of the Civil Code of the Russian Federation). If the written form of the contract is not observed, the parties are not entitled to refer to evidence of the transaction and its conditions to witness testimony, however, written and other evidence can be cited (clause 1 of article 162 of the Civil Code of the Russian Federation).

The loan agreement is:

real;
paid (may be free of charge);
unilaterally binding.

A loan agreement is a reimbursable agreement, and even if the amount of interest is not set in it, it can be determined based on the refinancing rate on the day the borrower pays the amount of the debt or the corresponding part.

As an exception, the contract may provide for its gratuitousness if one of two conditions is met:

when it is concluded between citizens in the amount of not more than 50 minimum wages and is not related to the entrepreneurial activity of at least one of these citizens;
when the subject of the contract is not money, but other things determined by generic characteristics.

The subject of the contract can be not only money, but also defined by generic characteristics (grain, gasoline, etc.).

In confirmation of the loan agreement and its terms, the borrower may draw up a receipt or other document certifying the receipt from the lender of a certain amount of money or a certain number of things. As such documents, the Civil Code names bonds and bills.

The borrower has the right to challenge the loan agreement for its lack of money, proving that money or other things were not actually transferred to him or received in a smaller amount than provided for in the agreement. If the borrower proves that he has not received the loan, the loan agreement is recognized as not concluded. If the borrower receives a loan in a smaller amount than specified in the agreement, the agreement will be considered concluded for the amount of money or other things actually received by the borrower.

The borrower is obliged to return to the lender the received loan amount on time and in the manner prescribed by the loan agreement.

In cases where the term for repayment is not established by the agreement or is determined by the moment of demand, the loan amount must be returned by the borrower within thirty days from the date the lender makes a request for this, unless otherwise provided by the agreement.

Unless otherwise provided by the loan agreement, the interest-free loan amount may be returned by the borrower ahead of schedule.

The loan amount provided at interest may be repaid ahead of schedule with the consent of the lender.

Unless otherwise provided by the loan agreement, the loan amount is considered returned at the time of its transfer to the lender or crediting the relevant funds to his bank account.

When granting a loan, the lender has the right to stipulate the use by the borrower of the received funds for certain purposes, and the borrower is obliged to comply with the intended use of such borrowed funds. The lender has the right to control the fulfillment of this condition at any time. Control may be expressed in the obligation of the borrower to provide documents from which it is possible to draw a conclusion about the nature of the use of funds.

The lender has the right to require the borrower to provide for the return of the loan amount and interest. Guarantees and pledges are often used as collateral. If the borrower fails to fulfill obligations to ensure the return of the loan amount and interest, the loss of security or deterioration of its conditions, for which the lender is not responsible, the lender has the right to demand early repayment of the loan amount and interest.

The borrower is responsible for late repayment of the loan amount. In this case, he is obliged to pay interest in the amount provided for in Art. 395 of the Civil Code, i.e. on the basis of the discount rate of bank interest existing at the place of residence of the lender, and if the lender is a legal entity - at the location of its location, the discount rate of bank interest on the day of repayment of the loan. When considering a dispute in court, the discount rate of bank interest on the day the claim is filed or the day the decision is made may be applied. For loans in rubles, the CBR refinancing rate is applied (the rate at which the CBR provides loans to banks), for foreign currency loans - the average bank interest rate on short-term foreign currency loans provided at the location (residence) of the client, which is determined on the basis of publications in official sources information. Interest is payable from the day the loan amount was due to be repaid until the day it was repaid. The parties in the contract may agree on a different amount of liability.

The borrower shall be liable for violation of the deadline for repayment of the next part of the loan, if the agreement provides for the repayment of the loan in installments. In this case, the lender has the right to demand early repayment of the entire loan amount and interest due. In addition to the interest due, losses incurred by the lender may be recovered to the extent not covered by the amount of interest.

Loan agreement: Video

____________________ ___________________________ "___" ______________ ______

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 concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

In accordance with this Agreement, the Lender transfers to the ownership of the Borrower an amount 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 the manner in the amount and within the time specified in this Agreement.
This Agreement is considered concluded from the moment of signing and is valid until the full fulfillment of obligations by both parties.
This Agreement is concluded with the condition of the intended use of the loan for ________________________________________.
In accordance with this Agreement, the interest rate on the loan is _______% per annum.
Interest is calculated on the basis of the amount provided for in paragraph 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 Lender the loan and interest for the use of the loan on time and in the manner prescribed by this Agreement and the payment obligation. Interest for the use of 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.
The borrower has the right to repay the loan and interest earlier than the term established in the payment obligation in accordance with the features provided for in clause 6 of this agreement.
In case of late 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 charged on the balance of the debt on the loan.
In case of untimely repayment of borrowed funds, the Lender has the right to demand the return of the entire loan amount, including interest for the use of borrowed funds and a penalty fee.
The lender has the right to undisputedly demand early repayment of the loan in the following cases:
- the Borrower's refusal to amend this Agreement;
- non-submission or provision by the Borrower of unreliable calculations or other information;
- provision of forged contracts that ensure execution under this Agreement;
- misuse of funds received under this Agreement;
- late payment of payments on the loan and interest for the use of the loan, provided for by the payment obligation.
The amounts paid (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);
- repayment of interest;
- to pay off a loan.
In the process of work, the Lender has the right to check the financial and economic situation of the Borrower. The Borrower undertakes, at the first request of the Lender, to provide the latter with written information confirming the safety of the subject of security for the performance by the Borrower of its obligations under this Agreement.
The Borrower undertakes, no later than seven days from the date of conclusion of this Agreement, to provide a written notice to the Lender indicating the quantity and price of the purchased goods, things, 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. The payment of the fine does not exempt the Borrower from paying interest on the use of borrowed funds.
The Borrower's liability under this Agreement is built regardless of his fault. Disputes and disagreements that may arise between the parties to this Agreement are resolved in court.
This Agreement is made in two copies - one for each of the parties.

LOAN AGREEMENT No. ___
__________ "__" ________ _____

Hereinafter referred to as the "Lender", on the one hand, and _____________________________________________________________, hereinafter referred to as the "Borrower", represented by ___________________, acting on the basis of ______________, on the other hand, have concluded this Agreement as follows.

1. The Subject of the Agreement

1.1. The Lender transfers to the ownership of the Borrower the funds in the amount of __________________________(__________________________) (hereinafter referred to as the loan amount), and the Borrower undertakes to return the loan amount to the Lender in the manner and within the time limits established by this Agreement.

1.2. No interest is paid for the use of the loan amount.

1.3. The loan amount is provided to the Borrower for a period up to ___________________.

2. Procedure for the transfer and return of the loan amount

2.1. The loan amount is provided by transferring funds to the current account of the Borrower. The date of granting the loan amount by the Lender is the day the loan amount is credited to the current account of the Borrower.

2.2. The loan amount is returned by the Borrower in cash through the Borrower's cash desk.

2.3. The loan amount can be repaid ahead of schedule. The consent of the Lender for early repayment of the loan amount is not required.

2.4. The borrower has the right to repay the loan amount in installments, while the entire loan amount must be repaid no later than late specified in clause 1.3 of this Agreement.

3. Liability of the parties

3.1. In case of untimely repayment of the loan amount, the Lender has the right to require the borrower to pay a penalty in the amount of ____ percent of the amount not paid on time for each day of delay.

3.2. The payment of the penalty does not release the Borrower from the performance of obligations in kind.

3.3. In all other cases of non-fulfillment or improper fulfillment of obligations under this Agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.

4. Force majeure

4.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement due to force majeure circumstances.

4.2. The party that cannot fulfill its obligation must notify the other party of this within __ days.

5. Dispute Resolution

5.1. All disputes or disagreements arising between the parties in connection with this Agreement shall be resolved through negotiations between the parties.

5.2. Disputes not settled in the process of negotiations are subject to judicial review in accordance with the legislation of the Russian Federation.

6. Modification and termination of the contract

6.1. All changes and additions to this Agreement are valid provided that they are executed in the form of a single agreement concluded in writing.

6.2. This Agreement may be terminated early by agreement of the parties or at the request of one of the parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

7. Final provisions

7.1. This Agreement shall enter into force from the moment the loan amount is credited to the current account of the Borrower.

7.2. The Agreement is valid until the Borrower fully fulfills its obligations to repay the loan amount.

7.3. This Agreement is made in two copies, having the same legal force, one for each of the parties.

8. Addresses, details and signatures of the parties:

Lender

the passport ________________________

_______________________________

Address: _________________________

check ___________________________

in ______________ BIC ___________

c/s ____________________________

___________ (________)

Borrower

____________________________________

Address: ______________________________

OGRN _______________________________

TIN/KPP ___________________________

r / s _________________________________

in ________________ BIC ______________

c/s ________________________________

_____________ (____________)

2. Loan agreement

A loan agreement is an agreement by virtue of which a bank or other credit institution (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

The agreement is governed by Art. 819-821 of the Civil Code and the norms of the Law of December 2, 1990 N 395-1 "On banks and banking activities" (see attached disk).

Features of the contract

The credit agreement - a kind of the agreement of a loan * (88), but unlike it it is consensual, mutual and always compensated.

Parties to the agreement - a bank (another credit institution) licensed by the Central Bank of Russia for all separate Bank operations, and the borrower is any person.

Essential terms of the agreement - the subject of the loan, interest on the loan, the cost of other banking services, the timing of their implementation, including the timing of processing payment documents, the property liability of the parties for violation of the contract, the term of the contract, the procedure for terminating it (Article 30 of the Law on Banks and Banking Activities).

The subject of the contract is money (national or foreign currency), but not other things determined by generic characteristics. The loan fee is expressed as a percentage, which, as a rule, includes the refinancing rate of the Central Bank of Russia and the remuneration of the lender itself (bank margin). Section 33 of the Banking Law says that a loan may, but must not, be secured.

Depending on the term of the contract, loans are usually divided into short-term (up to one year) and long-term (more than one year). The loan agreement is not concluded on a demand basis, like a regular loan agreement. Being a compensatory type of loan, it can be executed ahead of schedule only with the consent of the creditor.

The loan agreement must be concluded in writing. Failure to comply with the written form of the contract entails its invalidity.

The lender has the right to refuse to provide a loan to the borrower, for example, if there are circumstances that clearly indicate that the amount provided to the borrower will not be returned on time.

The borrower has the right to refuse to receive all or part of the loan without any reasoning, simply due to the disappearance of the need. He must notify the creditor of this before the deadline for granting the loan, unless otherwise provided by law or the agreement. The contract may establish the obligation of the borrower to compensate the lender for losses caused by the refusal to receive a loan in whole or in part.

Both the borrower and the lender may be liable for breach of contract. The borrower is liable under Art. 811 GK. His liability consists in additional monetary burden associated with the payment of increased interest on the overdue loan.

Special liability may be established for the misuse of the funds received or for the reduction (loss) of the value of the loan security. In these cases, the lender has the right to demand early repayment of the loan and payment of the relevant interest.

The creditor also has the right to apply to the court with an application to initiate proceedings on the insolvency of the borrower (Article 34 of the Law on Banks and Banking Activities).

The lender may be held liable for an unmotivated refusal to provide a loan, its provision in a smaller amount or in violation of the terms.

Along with the payment of a penalty (interest), the guilty party (creditor) must fully compensate the other party for losses caused by non-performance or improper performance of the contract, if such a form of liability is not excluded by the latter.

Commodity and commercial credit

A commodity loan is understood as a loan agreement that provides for the obligation of one party to provide the other party with things defined by generic characteristics, and the borrower undertakes to return the received things within the prescribed period and pay the lender the remuneration stipulated by the agreement.

The agreement is governed by Art. 822 GK. It is subject to the rules on a loan agreement, unless otherwise provided by the commodity loan agreement and does not follow from the essence of the obligation.

Commodity credit agreement - consensual, mutual, reimbursable. In this it differs from the real loan of things.

The parties to the contract are any subjects of civil law. Only a bank or other credit institution cannot be a creditor.

The essential terms of the contract are the subject, conditions for granting a commodity loan, interest on the loan.

The subject of the contract are such goods as agricultural products, semi-finished products, raw materials, fuels and lubricants, etc.

Since a trade credit agreement is concluded, as a rule, for production purposes, not only the rules on a loan (credit), but also the conditions on quantity, assortment, quality, packaging and other rules of the Civil Code on the sale of goods (art. 465-485 GK). The terms of the contract must include the terms and procedure for the return of the commodity credit. Interest on the loan includes the refinancing rate of the Central Bank of Russia and the lender's fee.

The contract must be concluded in writing. It is subject to Art. 820 of the Civil Code on the nullity of the contract in case of violation of its written form.

With a commercial loan, the contract includes a condition by virtue of which one party provides the other party with a deferment or installment plan for the performance of any obligation (pay money, transfer property, perform work or services).

In most cases, commercial lending is carried out without special legal registration, due to one of the conditions of the concluded agreement (advance payment, installment plan, etc.).