In order to legitimately obtain a loan, most financial institutions require the execution of loan agreements. Similar to other types of agreements such as a lease agreement form that protects the rights of the parties to the agreements and secure the performance of their obligations, a loan agreement ensures that the loan transaction is duly executed according to the agreement of the parties.
In a tenancy agreement form, the tenant and the landlord agree to bind themselves to observe and follow their agreements executed in good faith. In the same way, loan agreements must be made in good faith and must specifically convey the terms of the loan.
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What Is a Loan Agreement?
As shown in loan agreement form templates, a loan agreement is a commercial and legal document that serves as a proof for the existence of a loan. They are considered as binding contracts and must be kept with utmost confidentiality. Like confidentiality agreement form, the terms of the loan agreements are confidential and will only be disclosed with the consent of the contracting parties. Free loan agreement forms always follow the standards prescribed for a certain loan process that a specific institution provides.
As to purpose, the major reason why loan agreements are made is to define the rights and responsibilities of the parties. The terms and conditions ensure that each party will not be prejudice and can avail of specific lawful remedies in cases of breach of contract.
Furthermore, the loan agreement will also serve as proof that the transaction involve has a consideration such as the payment in monetary terms rather than a mere gift or donation.
Who are the Parties Involved?
In rental agreement forms , the parties to the contract are the landlord and the tenant or the lessor and the lessee. For loan agreements, the parties to the contract are the borrower and the lender or the debtor and the creditor.
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Essential Components of a Loan Agreement
The significant elements of a loan agreement are as follows:
- Terms of the loan – The terms of the loan agreement form must be specifically established and stated. This is very critical because the parties must adhere to the agreed terms. Violation and neglect of such terms can result to breach of contract and the party at fault may be subjected to legal consequences.
- Loaned amount – The exact value or amount loaned by the debtor must be indicated. According to research, agreements that involve figures or amounts must be both stated and spell out in word and in figures so that conflicts can be prevented.
- Tenor of the loan – The tenor of the loan refers to the time limit or period covered for the payment of the loan. This section also includes the agreed interest rates.
- Penalty clauses in cases of default – Even in other simple agreement forms, penalty clauses are provided to ensure the prompt and reasonable performance of the obligation. Provided further that the penalty clause is in accord with the law and are not too burdensome.
- Amendment clauses – The clause stipulates that the parties can amend or modify the terms of the agreement as long as the requisites for amendments are sufficed and both parties consented to such amendment.
- Mandatory arbitration clause – Nowadays, the parties to a loan agreement adopt a mandatory arbitration to ensure that the disputes arising from the loan agreement will be settled accordingly in the presence of an arbitrator.
- Severability clause – This clause ensures that the terms and provisions of the contract template are distinct and independent from each other. This implies that the invalidity of a certain provision will not render the other provisions invalid. The validity of the other provisions will still prevail.
- Non-disclosure agreement – For some, they also consider forging a non-disclosure agreement forms in order to preserve the integrity of the loan transaction.
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Practical Tips in Writing Loan Agreements
Aside from the loan agreement form template provided, you may refer to the practical tips of writing loan agreements below:
- Be specific. Agreements must be written in a specific tenor as much as possible. As shown in form examples, the statements are written in a specific manner rather than merely providing generalizations. Bear in mind that vague statements and provisions can be a cause of disagreements and confusions.
- Provide accurate and verified details. A loan agreement guides the overall conduct of the contracting parties. Similar to rent agreement forms that require the technical description of the property which is the object of the lease, ensure that the loan agreement contain accurate and validated information especially the figures and the names of the parties involved.
- Loan agreements must clearly provide the reason for the loan. Every loan agreement must clearly state the purpose of the money and how the loaned amount will be spent.
- Ensure that the agreement is duly signed by the parties. An unsigned agreement is not enforceable in any court of law. It will also have no probative value.
- Make use of high quality agreement templates. Referring to templates can give you a boost in writing your agreement. Blank agreement templates such as blank lease agreement forms forms allow you to save time and resources.
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Types of Loan Agreements
The type of loan in most agreement templates vary because each loan has an intended purpose. Here are some of the commonly-used types of loan agreements.
- Student loans – These are mostly availed by college students in order to suffice their academic tuition fees. Academic institutions offer student loans in order to help their students attend to their academic examinations. It is also a form of assistance to the families of the students.
- Personal loans – For personal expenses, personal loans are secured by individuals regardless of the purpose of the loan. However, financial institutions are keen and strict in giving out personal loans. The credit history of the loan applicant are considered by financial institutions.
- Small business loans – These type of loans are provided for small businesses in order to help them start up and expand their businesses.
- Home equity loans – These type of loan agreement form samples use the the borrower’s home as the security in order to have smaller interest rates.
In making the agreement template, the contracting parties must consider the nature of the loan, their contexts as the borrower and the creditor, the payment method, the coverage of the loan, and the manner of securing the loan.