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Loan Agreement

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Your Loan Agreement

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LOAN AGREEMENT

This loan agreement (this "Agreement") is dated ____ ________________ ________, and is between
__________ (the "Lender") and
__________ (the "Borrower").

The Lender and the Borrower (collectively, the "Parties") agree as follows:

  1. Loan Amount & Interest
  2. The Lender promises to loan $____________________AUD to the Borrower and the Borrower promises to repay this principal amount to the Lender, without interest payable on the unpaid principal, beginning on 21 November 2019 (the "Loan").
  3. Payment
  4. This Loan will be repaid in full on 21 November 2019.
  5. Default
  6. Notwithstanding anything to the contrary in this Agreement, if the Borrower defaults in the performance of any obligation under this Agreement, then the Lender may declare the principal amount owing under this Agreement at that time to be immediately due and payable.
  7. Governing Law
  8. This Agreement will be construed in accordance with and governed by the laws of Commonwealth of Australia.
  9. Costs
  10. All costs, expenses and expenditures including, without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower.
  11. Binding Effect
  12. This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the Borrower and Lender. The Borrower waives presentment for payment, notice of non-payment, protest, and notice of protest.
  13. Amendments
  14. This Agreement may only be amended or modified by a written instrument executed by both the Borrower and the Lender.
  15. Severability
  16. The clauses and paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  17. General Provisions
  18. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  19. Entire Agreement
  20. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise.

IN WITNESS WHEREOF, the parties have duly affixed their signatures on this ________ day of ________________, ________

SIGNED, SEALED, AND DELIVERED
this ________ day of ________________, ________.

   


_____________________________
__________

     


SIGNED, SEALED, AND DELIVERED
this ________ day of ________________, ________.

   


_____________________________
__________

     

Required Disclosures

If the lender is in the business of providing loans and the loan is predominantly for personal, domestic or household purposes then the National Credit Code may apply to you. To determine if the National Credit Code applies to you and whether you need a license please review the following link: (If you are still unsure you may need to consult a qualified attorney in your jurisdiction)

  1. A pre-contractual statement setting out the matters required by the National Credit Code. The requirements for the pre-contractual statement can be found in section 17 of the National Credit Code at:
    http://www.austlii.edu.au/au/legis/cth/consol_act/nccpa2009377/sch1.html
  2. An information statement setting out the borrower’s statutory rights and statutory obligations. A copy of the information statement (Form 5) can be found at:
    http://www.comlaw.gov.au/Details/F2012C00052

In such situations, the lender must also provide the borrower with an amortisation schedule which can be purchased from LawDepot.com or a similar document containing the following information, as outlined in section 17 of the National Credit Code:  

  1. the calculation of the monthly payments;
  2. the total amount of interest payable;
  3. the amount of each repayment and when it is to be made.

You can review the National Consumer Credit Protection Act at:
http://www.comlaw.gov.au/Details/C2012C00684

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Loan Agreement Information

Alternate Names:

A Loan Agreement can also be known as a:

  • Loan Contract
  • Money Lending Agreement
  • Personal Loan Agreement
  • Personal Loan Contract

What is a Loan Agreement?

A Loan Agreement is a detailed record of a loan between a borrower and lender that usually includes details about how the loan will be repaid. A Loan Agreement also lists the responsibilities both parties have with regards to the loan.

The lender is the person or entity (such as a corporation) that is providing the loan, and the borrower is the person or entity receiving the loan.

LawDepot's Loan Agreement can be used in the following Australian states and territories:

  • Australian Capital Territory (ACT)
  • New South Wales (NSW)
  • Queensland (QLD)
  • South Australia (SA)
  • Tasmania (TAS)
  • Victoria (VIC)
  • Western Australia (WA)

What is the difference between a Loan Agreement and a Promissory Note?

A Loan Agreement is usually chosen for more complex transactions as it includes more detailed information about how the loan will be repaid.

A Promissory Note is typically used for straightforward or simple loan terms, for instance loans between friends or family members.

What is included in a Loan Agreement?

Loan agreements generally include information about:

  • The location. Usually the lender's location is chosen for the Loan Agreement, but if the agreement is for the purchase of assets, then the parties might choose to list the location of the assets in the Loan Agreement instead.
  • The lender and borrower. Lender and borrower details include name, address, and whether the lender or borrower is an individual or a corporation.
  • The loan amount. The amount of money being lent to the borrower is the loan amount.
  • Interest. The Loan Agreement should confirm whether the lender is charging the borrower interest, and if so, information about the interest amount.

Should I charge interest in a Loan Agreement?

Although charging the borrower interest isn't necessary, it is a way for the lender to make money on the loan, as well as a way to provide compensation to the lender for the risk involved with lending money to a third party.

LawDepot's Loan Agreement allows you to include compound interest, which is interest calculated based on the original loan amount and the interest that is accumulated from previous periods. You can choose whether the interest is compounded monthly, every six months, or annually.

Does a Loan Agreement need to be notarised?

Generally, a Loan Agreement does not have to be notarised in order for it to be valid, but the benefit of having a notary sign your document is that it adds to its validity in the event that it is disputed.

Keep in mind that depending on the nature of the loan and the jurisdiction where the transaction is taking place, you may be required to have your document notarised or signed by witnesses.

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