A loan agreement is a legal document that sets out the terms on which a lender agrees to lend money to a borrower. There are two types of loan agreements:
- secured; and
- unsecured.
A secured loan ensures the lender can recover its money by taking possession of the borrower’s asset(s), selling them and using the sales proceeds to repay the debt. If the loan is unsecured, the lender does not have any claim to borrower’s asset(s), in priority against other creditors of the borrower, if the borrower defaults (i.e. does not pay back the money).
Having a loan agreement in place allows the lender and borrower to enforce the terms of the agreement and show that the money was a loan and not a gift.
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The LegalVision Loan Agreement is a short form, unsecured loan deed. Although the loan is unsecured, it does contain an optional guarantee clause which you can include if the borrower’s obligations under the loan agreement are being guaranteed by a third party (again the guarantor can be either a company or an individual).
This Loan Agreement has been drafted assuming that:
- there is a single borrower (either a company or an individual) and a single lender (either a company or an individual);
- the lender is not committed to provide the loan;
- the loan is unsecured; and
- the borrower must repay the loan on a fixed repayment date or, if the agreement provides, on demand.
This free template is 23 pages long and contains 15 clauses and 3 schedules.
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