How to enter loan agreement

How to take the money in debt? It would seem that there is nothing easier: stakeholders discussed the amount of the loan, term of its return, shook hands and parted. However, a verbal deal is fraught with unpleasant consequences for the lender in case when the borrower for some reason is not able to repay the debt or deliberately neglects his duties to return the amount borrowed. To complications did not arise, in some cases, you should make a deal accordingly.

You will need

The civil code of the Russian Federation

Instruction

First of all, determine what form you will use at the conclusion of the contract of the loan. Possible oral or written form of the contract of loan; the choice of form depends on the specific terms of the transaction, such as the amount of the loan and the status of the lender (an individual or legal entity).

If the amount of the loan does not exceed ten times the average wage, i.e., 1000 p., the contract of the loan may be concluded in oral form. This condition applies only to those cases where the lender is a natural person. By entering into such an oral contract of loan, make sure that the transaction was attended by the witnesses. Their testimony may be needed if you decide to challenge the transaction in court.

If the amount of the loan not less than ten times exceeds the minimum wage, sign a contract of the loan in writing. At the most basic level to confirm the contract of loan between citizens use the simple written form in the form of receipts.

Make sure that the receipt indicated that a certain amount of money one person passed and the second received. In ious should also indicate surname, name, patronymic of the borrower, his / her passport data, registration address, amount of loan, period of repayment, the date of receipt and details of the lender. Using such a document, the creditor is entitled to a refund of the amount of the loan in court in the event of complications.

If you as the lender want to obtain more guarantees, will issue the actual contract of the loan in writing. But in the case where the creditor is a legal person, a verbal deal and a simple receipt not valid, require the execution of the contract . In the contract specify details of the parties, the amount of the loan, the procedure of the return, enter interest on the loan and the liability of the parties for breach of contract. The receipt of funds can serve as an Annex to the written contract of loan. However, in practice, especially when the amount of the loan is small, individuals prefer, at the conclusion of the contract of the loan to issue one receipt.

In the preparation of receipts please note this detail: in the text must be clearly reflected the fact that the transfer of funds, that is, the document must contain the words "money transferred and accepted"". Finish the receipt by saying that the borrower the lender's claims on the transfer amount has not. If you do not comply with this condition, it can be difficult when considering the case in court if the case goes to trial.

If desired, you can assure a written contract of loan at the notary, however, the law does not oblige to this.

Is the advice useful?