To obtain a loan or conduct another major operation, it is necessary to draw up an agreement. It can take various forms, depending on the purposes for which borrowed funds are taken.
For what purposes can funds be issued?
Its presence allows you to prove, if necessary, the fact of acceptance of money by the borrower from the lender.
A receipt for receiving money is typical and looks like this:
Moscow
I, Petr Petrovich Ivanov, referred to as the “borrower”, passport series 4040 No. 123321 (issued by the Moscow Department of Internal Affairs on December 21, 2005), assigned to the address: Moscow, st. Koroleva, 10, apt. 15. Received from Alexander Sergeevich Sashin, referred to as the “lender”, passport series 4141 No. 918822 (issued by the Moscow Department of Internal Affairs on 12.21.1998), registered at the address St. Petersburg, st. Mikhalkova, 4 in accordance with the target loan agreement No. 1441 dated January 30, 2014 in the amount of 1 million rubles. I undertake to return this amount within the period indicated in the contract.
If the receipt contains all the data correctly, then it is an official document. It can be submitted to the court in case of any problems related to the return of the debt.
There are some nuances regarding the writing of this document:
- all text must be written by hand;
- the entire amount of the debt is indicated by numbers;
- the place of drawing up the receipt, as well as the date must be written in the text in words;
- the date of repayment of the debt must be indicated.
It is also important to know how to properly close a receipt:
- if the borrower has paid off the debt, he must take the original receipt;
- you need to write a receipt for the refund.
If the lender gave a loan at interest, then he is required to file a tax return. You should be aware of this if you need to go to court. Since he will definitely take into account this important point. Failure to pay taxes is punishable by law.
Registration
A target loan agreement must be registered with the state authorities if any real estate acts as collateral.
It is also necessary to make a mandatory entry in the Book of Pledges (this is done by special authorities).
If any movable property acts as a pledge, then the contract must be registered in the State Register of Pledge of Movable Property.
In the absence of registration, the possibility of collecting collateral becomes a rather problematic process. The fact of the presence of property in the book of pledges makes its withdrawal to pay off the debt quite simple and relatively fast.
Do not neglect the procedure in question, it is a guarantee that the funds given as a loan will not be lost forever.
Target loan agreement between individuals with collateral
A target loan agreement between individuals (private) persons with a pledge differs only in the presence of a provision relating to pledged property. But this nuance must be taken seriously.
It is necessary to cover in as much detail as possible in the document the moment at which the borrower is obliged to transfer the pledge - if such a need arises. Since an incorrectly formulated clause may cause the impossibility of seizing the deposit.
Interest loan agreement
A target loan agreement between individuals with interest is completely similar to a standard agreement, except for the presence of a clause stipulating the payment of interest:
But this point should be as detailed as possible in the contract. It must contain the following information:
- interest rate for the use of the loan;
- the amount of interest charged on late payments.
It is advisable to draw up a payment schedule as an annex to the contract if the return is carried out in parts. Its presence will facilitate litigation, if any.
in a person acting on the basis of , hereinafter referred to as " Lender”, on the one hand, and in the person 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:1. THE SUBJECT OF THE AGREEMENT
1.1. The Lender transfers to the Borrower the money in the amount of: rubles. The loan amount is not subject to VAT. The basis is the Tax Code of the Russian Federation, article 149, clause 3, clause 15.
1.2. The money is transferred from the Lender's bank account to the Borrower's bank account.
1.3. The loan agreement is considered concluded from the moment the entire amount of money is transferred by the Lender. The term of transfer is not later than "" year.
1.4. The borrower undertakes to repay the same amount of money (the amount of interest-free loan) no later than "" year.
1.5. The loan amount shall be deemed returned at the moment it is credited to the Lender's bank account.
1.6. The borrower directs the received funds for the following purposes: .
2. OBLIGATIONS OF THE BORROWER
2.1. The Borrower is obliged to return to the Lender the received loan amount on time and in the manner prescribed by this Agreement.
2.2. The loan amount can be returned ahead of schedule without additional agreement of the parties.
2.3. If a loan agreement is concluded with the condition of use for the purposes specified in paragraph 1.6, the Lender has the right to control the intended use of the loan amount, and the Borrower is obliged to provide the Lender with the necessary information at the request of the Lender.
2.4. At the end of the agreement, the Borrower must provide an annotated report on the purpose and results of the work for which the funds received were intended, and confirming the intended use of the funds.
3. CONSEQUENCES OF BREACH OF THE AGREEMENT BY THE BORROWER
3.1. If the Borrower fails to comply with the terms of the loan agreement on the intended use of the loan amount (clause 1.6), the Lender has the right to demand from the Borrower early repayment of the loan amount, without obtaining the consent of the Borrower.
3.2. If this agreement provides for the return of the loan in parts, then if the Borrower violates the deadline set for the return of the next part of the loan, the Lender has the right to demand early repayment of the entire remaining loan amount.
3.3. If the Borrower fails to fulfill the obligations stipulated by this Agreement, as well as in case of loss of security or deterioration of its conditions for obligations for which the Lender is not responsible, the Lender has the right to demand early repayment of the entire remaining loan amount, without obtaining the consent of the Borrower.
3.4. In case of delay in repayment of the loan amount, the Borrower shall pay the Lender a penalty interest on the amount of the outstanding amount from the day following the day of the official repayment date, based on the refinancing rate set by the Central Bank of Russia during the delay period.
3.4. All disputes or disagreements are resolved through negotiations between the parties. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the arbitration court at the location of the Lender in the manner prescribed by law.
4. ADDITIONAL TERMS AT THE OPTION OF THE PARTIES
4.1. This agreement is made in two copies, having equal legal force, one copy for each of the parties.
4.2. Any changes and additions to this agreement are valid only if they are made in writing and signed by both parties.
5. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Lender
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Borrower
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
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When there is a certain goal, it is worth achieving! But, sometimes, there is not enough money to achieve it.
You can get a targeted loan! How to do it right in 2019, we will consider further.
What it is
A loan is a financial relationship between the parties, which consists in issuing the necessary amount or thing on credit, that is, for a certain time and at a certain percentage.
There are free, that is, without interest. In this case, the client must return exactly as much as he borrowed. There is no profitability of the deal.
There are reimbursable, that is, with interest. The lender receives a certain percentage for the use of his funds.
Such loans can be both targeted and non-targeted. Purpose - a loan to achieve a specific goal. For example, to renovate an apartment. It is designed strictly for a specific purpose.
Its use for any other purpose is prohibited. If the client commits such a violation, the lender has the right to demand termination of the contract and a refund.
A contract is a written agreement, which reflects all the nuances of the upcoming transaction, is signed by both parties, which indicates that they agree to the terms.
You can notarize, but you can not do this. In some cases, it must be registered with Rosreestr. The purpose of the receipt must be written in the document itself.
Legislative acts
Depending on the purpose of obtaining, you can be guided by other "narrow" laws.
For example, if the goal is to buy a home, then you should pay attention to.
Put forward conditions
A prerequisite is that the purpose of the borrowing must be specified in the contract. The borrower, in turn, must spend the borrowed funds exclusively for these purposes.
It often happens that you need money to buy a car. He takes out a car loan and immediately buys a car from an accredited car dealership. The purpose of obtaining is achieved - the car is bought.
Documents confirming this fact are present - payments from a car dealership. The borrower begins to repay the debt according to the scheme prescribed in the contract.
Video: what is a target loan agreement
Target loan agreement template
There are general rules for concluding. They are spelled out in Art. 807-818 of the Civil Code of the Russian Federation.
These rules include:
Conclusion of an agreement in writing if the amount exceeds 1,000 rubles, or if one of the parties is a legal entity Signed by both parties and certified by seals, if the parties are legal entities The transaction currency can be either the ruble or foreign currency if the loan is issued in foreign currency, then the document must indicate the rate for calculations, as well as prescribe possible changes in the rate due to the economic situation in the country The loan can be with or without interest. if the lender does not charge interest from the borrower for the use of funds, then the contract must make a direct reference to this fact, all essential conditions must be spelled out But, the target loan agreement has its own nuances:
Existing varieties
There are several types of target loan agreements. Can be distinguished:
Interest and interest-free an appropriate note must be made in the document itself. If the amount does not exceed 5,000 rubles or some thing is issued on credit, then it can be interest-free even without a corresponding indication of this. With and without collateral if there is a pledge, then it is necessary either to draw up an additional agreement, or to include a condition on securing a loan in the document itself. If the pledge is some kind of real estate, then the document will need to be registered with Rosreestr Short, medium and long term Depending on the term of borrowing, the targeted cash loan can be divided like this. For example, repairs may be short-term, and home purchases may be long-term. This depends on the interest. With collateral
If the amount is quite large, then it would be more reasonable to provide it with some property that belongs to the borrower by right of ownership. This will help to reduce the borrowing burden - increase the amount and term, as well as reduce the rate on it.
Information about the pledge can be issued in 2 ways:
- Separate agreement.
- Enter into the loan agreement.
Both of these methods are legal. The collateral does not have to be real estate or valuable property. The parties may reach agreement on this clause. For example, they can be jewelry or expensive watches.
The subject of pledge must have its own generic characteristics by which it can be recognized. In order to avoid troubles and misunderstandings, it must be described in detail, and, preferably, evaluated by an independent expert.
If the item has some disadvantages or, conversely, advantages, they must also be indicated. You can issue a separate document - an act of acceptance of the item. It can be drawn up in free form, and it describes in detail the pawned thing.
What are the purposes of providing
As the name of the loan implies, it is allocated only for the achievement of any specific goals. In addition, the client must justify their goals.
The most "popular" purposes of providing a cash loan:
- buying a property;
- buying a car;
- education - one's own or children's;
- treatment - one's own or close relatives;
- for home renovation.
Some lenders develop special programs for targeted borrowing. The terms of lending are somewhat different from loans without a specific purpose.
It is not necessary to justify the economic efficiency of the purpose of obtaining a cash loan, but it is necessary to provide the lender with the opportunity to control its implementation.
It often happens that a loan is issued to meet their goals in a particular organization. For example, a citizen needs a cash loan for dental treatment.
The owner will give him the necessary amount on favorable terms, but with the condition that the borrower will treat his teeth in a certain clinic. In this way, he simplifies his control function.
For the purchase of housing
This type of borrowing is now most in demand among both borrowers and credit institutions.
The popularity of this type of lending is as follows:
A loan for the purchase of real estate "with pleasure" is issued not only by credit institutions, but also by individuals.
A prerequisite for issuing a loan for the purchase of real estate is the execution of a written agreement describing the subject of collateral. Mortgage, namely the so-called loan for the purchase of real estate, is regulated by “its own” law No. 102-FZ.
This law states that it is not necessary to draw up a separate contract. You can give a detailed description of it in the mortgage. Also, this agreement must be registered with the Rosreestr authorities, since the subject of the transaction is a real estate object.
It must contain the following information:
The client has a limited right to the subject of the agreement - to the purchased property. He cannot dispose of it at his own discretion. It is necessary, of course, the consent of the bank to conduct the transaction.
In addition, if he decides to redevelop the premises, he will also have to obtain the written consent of the bank.
For education
This loan product is not as popular as a mortgage and can only be obtained from large and reputable lending institutions.
As a rule, the parents of students, and not the students themselves, act as borrowers for such purposes. The reason is that the student cannot work at full capacity and have sufficient income to pay off the loan. Therefore, the debt is issued to the parents.
Usually, the conditions for such borrowing are quite loyal, since lending is often supported by the state.
The optimal conditions for issuing a loan for education include:
The main condition for issuing a loan specifically for the purpose of obtaining an education is that the educational institution must be accredited by the Ministry of Education and Science of the Russian Federation.
To receive educational services, you can conclude a target loan agreement between an individual and a legal entity, as well as with a private investor.
For construction works
Borrowed money for repair and construction work is issued according to the same scheme as a mortgage loan. But, there is some difference.
Funds for construction and repair are issued in several stages. That is, a person receives funds to perform a certain stage of work. He carries out these works, reports to the borrower, and then receives a new tranche.
The lender must constantly monitor the use of funds, and the client must constantly report on the performance of contract work.
As soon as he confirms the payment for the services and works of contractors, as well as the purchase of building materials, the person giving the loan will give him the next amount of money.
As a rule, borrowing for such purposes occurs on the following conditions:
To achieve such goals, a target loan agreement is often concluded between legal entities.
For other needs
A cash loan can also be issued for other purposes:
If the target is drawn up, then this must be indicated in the agreement. In addition, it is necessary to indicate the purpose of receiving funds.
Today, motor transport is becoming absolutely not a luxury, but a necessity, especially within the metropolis. Unfortunately, not everyone is able to buy a fully equipped car of their dreams, and even a used passenger car is not affordable for everyone. There is only one way out - to borrow money and use it to purchase vehicles. Of course, it is much easier and more profitable to conclude a loan agreement for the purchase of a car than to issue a car on credit. On the site you can download a document form with applications, formed according to the specific requirements of the parties.
Essence
The funds provided to the borrower are target loan subject and must be used in a certain way - to purchase a vehicle. The terms of spending are included in the contract, and the lender has the right to control for what purposes the money was spent. Violation of this agreement gives rise to the possibility of demanding early repayment of the debt with interest and penalties, unless otherwise provided in the agreement.
Advantages
Those who are going to take possession of a car not with their own funds, but with borrowed funds, are probably faced with a choice: a loan or a loan? Of course, the scales will outweigh in favor of the latter, because:
Getting money on credit or applying for a car loan is preceded by the collection of a large number of documents and bank checks (salary certificates, guarantee, positive credit history, compliance with age criteria, official place of work, etc.);
Any person can provide a loan on any mutually beneficial terms: someone you know, an employer company, a private entrepreneur, a microfinance company that does not require licensing;
Getting "real money" in your hands, you are provided with a larger selection of cars that can be purchased, because. it is possible to conclude a sale and purchase not only with car dealerships, but also with private sellers, and with non-specialized companies.
Filling out the form
How the agreement will be drawn up between the parties depends on several points:
- If the amount of money transferred between individuals does not exceed ten times the minimum wage, then the oral form of the transaction is quite acceptable - but this rarely happens, because. you can’t buy a car for 1000 rubles;
- If at least one of the participants has the status of a legal person, a written opinion is required;
- Notarial certification is performed at the request of the borrower or lender.
Conditions
TO mandatory inclusion The following items are included in a car loan agreement:
- Parties: if an individual - then the data is indicated according to the identity card, if a legal entity - all official details.
- Item. It should be recorded in numbers and in words the amount of money that is transferred from one side to the other. Currency is also required;
- Terms and conditions of return. If the date on which the loan must be repaid is not specified, then its determination will be guided by the requirement of the borrower;
- Target. Unlike other types of contracts, the target agreement must contain the purpose of the transferred funds.
It would also not be superfluous to indicate the following points:
- Interest. The absence of a condition on their size will not turn the transaction into a free one, therefore, the rate should be prescribed in the contract - otherwise it will be calculated according to the refinancing rate on the loan repayment date;
- Security. To reduce the risk of non-return of money, you can conclude an agreement with a guarantee or with a pledge. The latter option is practiced more often, because. the purchased car is used as collateral - i.e. after its purchase, a pledge agreement is concluded and an encumbrance is imposed on it (usually, the title is transferred to the lender).
You can draw up and download a sample car loan agreement according to your own conditions.
What is the purpose of the loan? In fact, these are borrower costs that can be financed with a certain amount. Target loan agreement between individuals conclude when it is important that the funds provided under the loan be spent for specific purposes. Education, recreation, treatment, construction, purchase of goods and services - the objectives of the agreement are diverse.
Target loan agreement between legal entities and/or individuals: key features
The conclusion of a target loan agreement has its own characteristics, and according to clause 1 of article 814 of the Civil Code of the Russian Federation, both parties must fulfill certain obligations. Target loan agreement between legal entities, compiled correctly, will help to avoid possible misunderstandings.
The borrower is obliged to spend the funds received only for the purposes specified in the general loan agreement (clause 1, article 814 of the Civil Code of the Russian Federation);
The lender can control the intended use of the amount, for example, under a commodity loan agreement (clause 1, article 814 of the Civil Code of the Russian Federation);
In case of misuse of funds, the lender may demand the return of the amount in full under a loan agreement with payment of interest (clause 2, article 814 of the Civil Code of the Russian Federation);
Since the obligations between the lender and the borrower are prescribed by law (Article 814 of the Civil Code of the Russian Federation), there is no need to additionally indicate them in the contract.
Which you find on the site may contain specific clauses in order to avoid disagreements between the parties. For example, a borrower lent money to buy a home under a loan agreement, and purchased retail space with the funds received.
In this case, mandatory items purpose loan agreements between individuals or legal entities will be:
Setting a Specific Loan Purpose
Coordination of the form and procedure for controlling the targeted spending of funds
Determining the Consequences of Violating Borrowers' Obligations
Ensuring the ability to control the use of credit for a specific purpose
Loan agreement without purpose: non-purpose loan
Target loan agreement between legal entities may not contain a clause indicating the purpose of the funds. In this case, the document simply becomes a non-target money loan agreement. Rules of law Art. 814 of the Civil Code of the Russian Federation cannot be applied to the parties, so the borrower may well use the loan funds at will.
Target loan agreement between individuals without specifying the purpose does not allow the lender to control the expenditure of funds or demand their early return. The essential conditions for this type of contracts are the amount, date of loan and repayment, interest, penalties.
Control of the target loan expense under the target loan agreement
According to civil law, the borrower must provide the lender with the opportunity to control the spending of funds received on purpose loan agreement. Do not forget that the control of loan spending is not an obligation, but a right for the lender. That is, the party that borrowed the money is not obliged to control the borrower's spending, but can control them.
Purpose loan agreement, sample which can be downloaded on our website, may contain specific information on the control of spending the target loan by the lender. In this case, indicate the form of control and attach documentation that confirms the intended spending of the amount. Proper drafting of the contract will help to avoid disagreements and disputes between the parties to the transaction. Use the constructor agreements for drawing up a target loan agreement.
You may also be interested in drawing up the following types of loan agreements using the Prosto Documents agreement constructor.
