Loan amount between individuals. How to draw up a loan agreement between individuals? Among the advantages it is worth highlighting

A loan agreement today is a special document that establishes the regime for obtaining funds in debt and their subsequent return. The process of drawing up a contract of this type has a number of different features - all of which will need to be dealt with in advance.

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Basic moments

Another important condition for concluding a contract of this type is full legal capacity. The contract must be signed in sound mind and sober memory.

It is not allowed to conclude a contract in a state of alcoholic, narcotic or other intoxication.

The same is true of physical and psychological violence. If it is proved that the contract was concluded in this way, it is recognized as completely invalid.

All other points, requirements are already established by citizens who are lenders. Usually, it is necessary to have citizenship of the Russian Federation and in the territory of the region of residence of the creditor.

This requirement is connected precisely with the peculiarities of judicial legislation in our country.

Since it will be necessary to file a claim for the return of funds precisely at the place of permanent residence of the defendant.

Where to go

Today, the execution of a loan agreement is usually carried out only within the walls of the bank.

But if the loan is targeted, mortgage, or involves the use of maternity capital, then it is imperative to visit the following institutions:

• Pension Fund of the Russian Federation;
• notary;
• the institution carrying out the assessment;
• legal consultation.

The following institutions offer the most favorable lending conditions today:

In fact, two citizens can, without much difficulty, independently draw up this type of agreement - on providing one another with a certain amount of funds for various purposes.

But it is worth contacting in advance:

1. To legal advice.
2. To the notary.

To avoid problems associated with the incorrect drafting of the agreement, it is advisable to consult with a lawyer.

Only in this way it will be possible to avoid the problems associated with the execution of the contract and the subsequent collection of funds.

Since most of the difficult situations arise precisely because of a banal misunderstanding of the terms of the agreement.

Another important point is the verification of the contract by a notary. Thus, it is possible again to avoid a variety of difficult situations related to the drafting of the contract.

This official will help to avoid various difficulties related to the drafting of the agreement.

Also, the notary will confirm the accuracy of all the information that is presented in the contract.

Often there are difficulties in finding a lender who will lend enough money to solve problems. The way out of this situation is to work with special brokers.

Referring to those will simplify the process of finding a lender. There are also special credit sites where, for a certain commission, it is possible to place an ad for receiving funds on credit.

It is only important to remember that a lot of scammers work in this area.

If there are any difficulties associated with the execution of this type of loans, with the return of funds, you will need to apply to the court at the place of registration of the defendant.

Judicial practice in this regard is quite extensive and not unambiguous. Accordingly, disputes should be avoided.

Since court hearings are often delayed for a very long period of time. Sometimes up to several months.

Accordingly, the refund will be delayed. That is why the best solution would be to resolve all disputable situations in the pre-trial order. This benefits all parties – without any exceptions.

How to draw up a loan agreement

Understanding how to draw up a loan agreement between individuals at a notary is quite simple. However, there is a list of important subtleties and features.

All of them are specified in sufficient detail in the legislation. It is he who will need to pay the maximum amount of attention.

Thus, a citizen will be able to control the observance of all his rights without outside help.

Separately, it is worth familiarizing yourself with how to conclude a loan agreement at interest between individuals.

Since in this case, the need to pay tax for the fact of the occurrence of material benefits is often implied.

The main and most significant issues include:

• the necessary conditions;
• between individuals;
• legal entities;
• private entrepreneurs;
• physical and legal persons;
• important nuances;
• the legislative framework.

The necessary conditions

An important section of the loan agreement is precisely the conditions under which the funds will be provided.

The main parameters include:

Information about the return of funds must be reflected.

This is most often required within a certain period of time. It is usually quite problematic to return the entire amount at once at once.

A special annex to the loan agreement is drawn up - which indicates the implementation of payments. It indicates the dates on which the payment must be made, as well as the amount of the transfer.

Again, it is possible to reflect penalties in the contract if a payment is missed, a penalty.

But the value of such should be reasonable, it is determined precisely by legislative norms. This issue is addressed in detail in the Civil Code of the Russian Federation.

Another important point is the interest rate.

The value of such is determined individually, by prior agreement. The amount of the loan must also be reflected in the contract.

Moreover, it is required to indicate not only the amount of the loan, but also the currency in which it was issued. This point is no less important than all other loan conditions that are reflected in this document.

Since currency fluctuations have been happening more and more lately. Accordingly, often an incorrect indication of the amount of money leads to litigation.

Many loan agreements imply. The value of this can be determined individually, it can be expressed in different forms. Most often, this is some kind of expensive property.

For example, residential or commercial real estate.

Accordingly, if the contract indicates that an apartment or something else is used as collateral and the obligations under the agreement are not fulfilled, the defendant will be obliged to transfer the pledge to pay off the debt.

But the situation is similar even in the absence of collateral. The borrower, who is an individual or an individual entrepreneur, is liable for all obligations assumed by personal property.

This moment is fixed at the legislative level. That is why the fulfillment of all its obligations will need to be treated as responsibly as possible.

This will prevent a wide variety of problems. Including the sale of real estate through the court and the subsequent withdrawal of funds.

Between individuals

The process of concluding a loan agreement between individuals is the most difficult, since such agreements are drawn up relatively infrequently. Much less common than similar, but private individuals with banks.

The standard algorithm for drawing up a loan agreement between individuals is as follows:

In the future, in the manner prescribed by the contract, the debt must be repaid. If for some reason the services of a notary cannot be used, then it is worth entrusting the writing of the agreement to the debtor.

Moreover, he must do this not on a personal computer, but with his own hand, according to the model. This will be an additional guarantee against non-return of funds.

The presence of such an agreement will allow, if necessary, to conduct a handwriting examination. This will show handwriting match.

There are also a large number of other subtleties, features - it is best to familiarize yourself with all of them even before signing the contract. This is the only way to prevent various difficult moments and problems in the future.

Separately, it is worth noting that a loan secured by an apartment or secured by a car will not be difficult. But again, it is very important to note the section relating specifically to reflection on collateral.

Legal entities

Drawing up an agreement between legal entities has the usual format. In this case, it is worth noting separately the section in which the details of this institution should be reflected.

Since the presence of errors in the name, as well as other data on the legal entity, can lead to big problems in the future. Until the contract is declared invalid.

Standard details that must be reflected include the following:

1. TIN, registration reason code.
2. Category code.
3. OKVED.
4. OKATO.
5. legal and actual address.

For private entrepreneurs

A separate point is the conclusion of this type of agreement with a private entrepreneur. In the case of drawing up an agreement with this subject of law, certain features again arise.

First of all, it is important to remember that an individual entrepreneur, like an ordinary individual, is responsible for all the obligations assumed by personal property.

Also in the details you will need to indicate data regarding registration in the USRIP.

Phys. and legal persons

A loan agreement between legal entities and individuals is most often executed. Moreover, such an agreement will be quite simple.

Since, due to extensive judicial practice, as well as other points, there are standard forms, the signing of which subsequently does not cause any difficulties for citizens.

Video: drawing up a loan agreement

Important nuances

There is an extensive list of nuances associated with the preparation of this type of contract.

The main such bases include:

The legislative framework

The main regulatory document that determines the issue of drawing up a loan agreement between individuals is precisely the Civil Code of the Russian Federation.

The very definition of this agreement is given precisely in:

Separately, it is worth noting the issue of the format of the loan agreement.

It is defined:

If a person has an urgent need for money, it is not necessary to immediately go to a bank or a credit institution. At such a moment, friends or relatives can help out. If we are talking about a small loan amount, then usually nothing is needed other than verbal agreements. And in order to receive a serious amount, it is appropriate to draw up a receipt or a loan agreement.

A debt receipt is a document guaranteeing the protection of the rights of citizens in relations where one party transfers funds for temporary use, and the other accepts them.

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According to the Civil Code, a receipt is formally issued if the borrowed amount exceeds 10 thousand rubles. If the amount is less, then it is enough to conclude an oral agreement on the timing and procedure for the return of funds. Although it is possible to draw up a written receipt regardless of the size of the loan, in the latter case it will not have legal force.

The document indicates the personal data of the borrower and lender, the amount of the loan and the interest for using the money. You need to be especially careful if the money is taken in foreign currency, since fluctuations in the exchange rate can lead to monetary losses for one of the parties. Therefore, in the receipt it will be useful to indicate the exchange rate on the day the contract is drawn up.

What and when to use

The fact of transferring money in debt can be accompanied by both a receipt and. At first glance, there is no significant difference between these documents: they indicate the amount of the transaction, the maturity of the debt and the interest rate. And there are risks in both cases.

However, there is a significant difference: the loan agreement must be certified by a notary only if a large amount is borrowed, and real estate acts as collateral.

The receipt is certified by a notary when it comes to an amount exceeding ten non-taxable minimum wages. This document can be used in court as additional evidence in a case of non-payment of a debt.

What you should pay attention to

If serious errors were made during the preparation of the receipt, then it cannot be used in court to prove one's innocence and return the money.

What you need to pay special attention to when drafting a document:

• Indication of reliable and complete information about the parties (not only full name, but also passport data). In the event of a dispute, this will help prove that it was these people who participated in the deal.
• Confirmation of the fact of the transfer of funds, indicating the exact amount of the loan. Moreover, it is important to note that the money is transferred precisely in debt, and not as a gift.
• Description of the terms of the transaction and clear terms for repayment of the debt. If the contract does not specify the terms, then the borrower undertakes to repay the debt within 30 days after the request of the creditor.
• If the subject of the agreement is a target loan, this must be indicated in the receipt. If the borrower spends money for other purposes, the creditor has the right to demand repayment of the debt ahead of time on the basis of a receipt.
• It is better to write a receipt by hand, since a document printed on a computer is difficult to identify by handwriting, looking at the signature alone.
• The document should not contain strikethroughs or corrections, especially in the area where the amount or maturity of the debt is indicated.

Important regulations

The main legislative act regulating the main aspects of creating loan agreements is Federal Law No. 353 “On Consumer Loan”. This law only covers consumer loans. Article 5 of the law sets out the conditions for issuing a loan, as well as the procedure for drawing up such a document. Article 14 contains information on liability for breach of agreements.

The rights and obligations of the parties are clearly spelled out in the Civil Code of the Russian Federation. Article 808 says that the receipt can be used as an annex to the loan agreement. And in Article 408 it is said that any of the parties may demand from the opponent a receipt on the occurrence or termination of obligations.

In some cases, it is possible to replace the loan agreement with a receipt. This option is provided for by the Resolution of the Supreme Court of the Russian Federation No. 53-ad06-2.

How to arrange

When concluding an agreement between individuals, it is important to adhere to the basic rules that guarantee the authenticity of the document in the event of litigation:

• the receipt is written only by hand;
• the body of the document contains full information about the participants in the transaction, including passport data;
• the receipt is written by the borrower;
• decoding is required near the murals (full full name);
• the amount of the transaction is written in figures and words, indicating the currency;
• you need to specify the exact terms of repayment of the debt;
• to conclude an agreement in which a large amount appears, it is better to involve witnesses (indicate their personal and passport data in the agreement);
• if the transaction involves the accrual of interest on the use of the loan, this must be reflected in the document, indicating the amount of the accrual.

The main thing is to clearly stipulate the conditions for issuing a loan and reflect this in the document being drawn up. It is important to carefully check the receipt in order to avoid mistakes, and if they occur, you need to re-create the document.

Illustrative Content Samples

The receipt is written in free form, but the essence is always approximately the same.

Example:

I, Kolontaeva Alena Gennadievna, born on August 31, 1977, passport 34 16 432156, living at the address, Moscow, Vernadsky Ave., 43, apt. 29. I borrow 15,000 (fifteen thousand) rubles from Malikov Igor Mikhailovich, born on August 15, 1970, passport 56 12 765890, residing at the address: Moscow, st. Avtozavodskaya, d. 8, apt. 12.

I undertake to repay the debt by June 25, 2017.

Signature (Kolontaeva Alena Gennadievna) / date.

The subtleties of the format of the loan receipt between individuals

Despite the apparent simplicity and transparency of the transaction, the execution of a receipt between individuals may be fraught with some nuances.

For example:

• The loan agreement is considered valid from the moment of transfer of funds. That is, if at the time of signing the contract there was a condition that the lender would issue the money within a week, the borrower does not have the right to demand this amount earlier.
• The subject of the contract can be not only money, but also other things that are characterized by generic characteristics, i.e. debt can be repaid in similar ways. For example, lumber, building materials, food products.
• Under a loan agreement, you can transfer money in foreign currencies, but in this case, you need to take into account the current exchange rate.
• If the borrower has delayed the date of repayment of the money, the lender has the right to apply to the judicial authorities to recover the penalty. However, if interest for the use of funds was not indicated in the body of the contract, then it will be much more difficult to prove this fact.

Controversial nuances

Is there a guarantee

The receipt does not give a full guarantee of the return of money to the creditor. No one is immune from unforeseen situations, including the borrower. Therefore, it is better to discuss force majeure situations at the stage of concluding an agreement.

To protect yourself from non-fulfillment of the terms of the contract, it is important that the documentation is drawn up correctly, it contains all the necessary information. It would be right for the borrower to take from the lender a receipt for the receipt of money in payment of the debt.

If the borrower does not repay the debt on time, the creditor may go to court. And the court, in turn, can decide on the forced collection of debt from the debtor. The situation becomes more complicated if the borrower does not have property that can be withdrawn to pay off the debt or official work.

An additional measure in relation to the debtor may be a ban on crossing the border or the arrest of a current account.

Possible risks

The best way to protect yourself from financial losses is not to lend to anyone. Otherwise, there is always a risk that the debtor will not fulfill his promises.

Official documents in the form of a receipt or loan agreement will help the lender win the case in court. After the entry into the decision on the forced recovery of funds, the creditor is issued a copy of this document, with which he applies to the bailiff service.

But in fact, it is not always possible to return your money, for example, if the borrower does not have a real opportunity to pay off the debt due to lack of work or valuable property. In this case, even the court cannot influence the outcome of the case in any way.

Assurance and witnesses

In some cases, witnesses are involved in the conclusion of the loan agreement. Usually their participation is necessary when transferring large sums of money.

However, in case of hopelessness of repayment of debt under a loan agreement, testimonies will not help. They can only confirm the illegality of the actions of one of the parties during the conclusion of the transaction.

In the case of going to court, witnesses can confirm the facts and circumstances that arose in the process of signing the contract. For example: the place where the receipt was written, the persons involved in the transaction, whether the parties voluntarily came to an agreement.

The law does not provide for mandatory certification of loan agreements by a notary, this happens only at the intention of the parties. However, according to the law, it will not be possible to certify one receipt, therefore, a loan agreement with an application in the form of a receipt is certified.

Advantages and disadvantages

When concluding a loan agreement, a receipt carries both pluses and minuses:

A receipt is a tool of civil law relations that allows you to quickly receive the necessary amount of money for use. At the same time, it is a document confirming the fact of the conclusion of the transaction, and can become important evidence in court.

Maybe a simple written form, notarized - only if then he does not want to go to the courts, but immediately to a notary and a bailiff.

Regulated by the Civil Code

CIVIL CODE
RUSSIAN FEDERATION

Article 807. Agreement
loan

1. Under a loan agreement
one party (the lender) transfers ownership to the other party (the borrower)
money or other things defined by generic characteristics, and the borrower undertakes to
return to the lender the same amount of money (loan amount) or an equal amount
other things he received of the same kind and quality.

Loan agreement
is considered concluded from the moment of transfer of money or other things.

2. Foreign
currency and currency values ​​may be the subject of a loan agreement in the territory
Russian Federation in compliance with the rules of Articles 140, 141 and 317 of this
Code.

3. Features
granting a loan at interest to a borrower-citizen for purposes not related to
entrepreneurial activities are established by law.

Article 808. Form
loan agreement

1. Loan agreement
between citizens must be concluded in writing, if its amount
exceeds at least ten times the statutory minimum
remuneration, and in the case when the lender is a legal entity - regardless of the amount.

2. Confirmation
of the loan agreement and its terms, a borrower's receipt or other
a document certifying the transfer of a certain amount of money by the lender to him
or a certain number of things.

Article 809. Interest
under a loan agreement

1. Unless otherwise
provided by law or the loan agreement, the lender has the right to receive
interest on the loan amount from the borrower in the amount and in the manner determined
contract. In the absence of a clause in the agreement on the amount of interest, their amount
determined by the existing place of residence of the lender, and if the lender
is a legal entity, at its location the bank interest rate
(refinancing rate) on the day the borrower pays the amount of the debt or
relevant part.

2. In the absence
otherwise agreed, interest is paid monthly until the date of repayment of the loan amount.

3. Loan agreement
assumed to be interest-free, unless expressly provided otherwise, in
cases when:

the contract is concluded
between citizens for an amount not exceeding fifty times the established
the law of the minimum wage, and is not associated with the implementation
entrepreneurial activity of at least one of the parties;

under the contract to the borrower
it is not money that is transferred, but other things determined by generic characteristics.

4. In case of return
ahead of schedule the amount of the loan granted at interest in accordance with paragraph 2
Article 810 of this Code, the lender has the right to receive from the borrower
interest under the loan agreement, accrued inclusive up to the date of repayment of the amount
loan in whole or in part.

Article 810
Obligation of the borrower to repay the loan amount

1. The borrower is obliged
return to the lender the amount of the loan received on time and in the manner that
provided for in the loan agreement.

In cases where
the return period is not established by the contract or is determined by the moment of demand,
the loan amount must be repaid by the borrower within thirty days from the date of
the lender's request to do so, unless otherwise provided
contract.

2. Unless otherwise
stipulated by the loan agreement, the interest-free loan amount can be returned
borrower ahead of time.

Loan amount,
granted at interest to a borrower-citizen for personal, family,
domestic or other non-business use
activity, can be returned by the borrower-citizen ahead of schedule in full
or in installments, provided that the lender is notified of this at least
thirty days prior to the date of such return. The loan agreement may provide
a shorter period for notifying the lender of the borrower's intention to repay
cash ahead of schedule.

Loan amount,
provided at interest in other cases, may be returned ahead of schedule with
the consent of the lender.

3. Unless otherwise
stipulated by the loan agreement, the loan amount is considered returned at the time
transferring it to the lender or crediting the relevant funds to his
Bank account.

If you need something specific, please get in touch.

With an individual draws up property relations between the lender (individual or legal entity) and the borrower (citizen). The lender seeks to protect himself from not, but the borrower's goal is to avoid paying extra interest. In general, it should be noted that the legal registration of monetary relations is always the right way, as it disciplines both.

Under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality .
The loan agreement is considered concluded from the moment of transfer of money or other things.
Art. 807 of the Civil Code of the Russian Federation.

This is how the law reveals the concept of a loan agreement. A number of important conclusions can be drawn from the foregoing:

1. In loans, you can take not only money, but also other things. Moreover, not any property can be the subject of a loan agreement, but only that which is determined by generic characteristics, i.e. like a kilogram of sugar or a liter of milk. But works of art, jewelry, or a car cannot be the subject of a contract.
2. The loan agreement is not legally binding until the money is actually transferred to the borrower. Those. any promises to transfer or accept funds from the point of view of the law are absolutely inert.

Should I choose between taking a loan from a bank or a loan from an individual? the second option is much more interesting. So, by definition, it cannot be interest-free, the bank is simply obliged to take a fee from the borrower for services, but the loan can be gratuitous (free of charge). In addition, by concluding a loan agreement, you can save a significant amount of time without wasting it on formalities - you do not need to collect a whole package of documents, there is no time for consideration of the application, there is no security check, everything is much simpler. Notarial certification of the contract is also not required.

The nuances of a loan agreement with an individual

The law requires that a loan agreement be concluded in writing not in all cases, but only if the amount of borrowed funds exceeds one thousand rubles. If he acts on the side of the lender, then the contract is in any case drawn up on paper.

As noted above, a loan agreement can be either paid (with interest) or free of charge. But what if the contract does not specify the time associated with interest? On this account, the law (Article 809 of the Civil Code of the Russian Federation) has developed the following rules:

1. The contract is assumed to be gratuitous if interest is not directly indicated in it, provided that:

• the contract is concluded between individuals in the amount of less than 5,000 rubles;
• if not cash, but any other property is transferred to loans.

2. If the agreement does not specify interest, but by its nature it is not gratuitous, then in this case the amount of interest is determined based on the refinancing rate (at the time of writing the article - 8%).

3. In case of early repayment of the amount of debt, the lender has the right to receive interest for the time preceding the payment of the loan.

The lender has the right to demand early repayment of the loan if the borrower delays the payment of the next part of the debt, or if he does not fulfill his obligations to ensure the return of the loan amount (does not provide collateral, or the collateral loses its value).

How to conclude a contract so that there are no problems later?

First of all, despite the fact that the loan agreement is not subject to mandatory notarization, it is desirable to take care of this issue.

For the lender, this will be useful if the borrower decides to challenge the loan agreement, for example, on the grounds that it was allegedly signed under the threat of violence, or due to a combination of difficult life circumstances. Civil law provides quite a few ways to recognize and challenge the transaction, and sometimes litigation drags out the process of repaying the loan amount so much that some simply drop the case. In order not to be drawn into such a lawsuit, it is better not to be too lazy to visit a notary.

Secondly, if for some reason it was not possible to use the services of a notary, then the writing of the text of the contract should be entrusted directly to the debtor. Moreover, he should do this not on a computer or typewriter, but with his own hand. This approach guarantees that in the case of a handwriting examination, it will show a 100% correct result. Using only a signature, an expert often finds it difficult to answer by whose hand it was drawn.

Thirdly, when signing the contract, it is desirable that witnesses be present, and their passport data should be indicated in the text of the agreement. It is important that the witnesses were from different sides, and at the same time they were not common acquaintances.

Fourth, personal information about the parties (passport data, addresses, telephone numbers, etc.) should be indicated as fully as possible in the contract. And of course, it is desirable to check that the indicated data coincide with the actual ones.

Compliance with these simple rules will help to avoid many serious problems if a conflict arises between the parties regarding the return of the debt.

In this case, apply total statute of limitations, i.e. 3 years during which you can apply. At first glance, such a period may seem quite long, but practice knows many cases when a case fell apart in court only on this basis. Therefore, you should not delay, you should sue after several months of delay in payment, without paying attention to the persuasion of the debtor.

Whether you want to borrow money, or vice versa, borrow it, in any case, it’s better to do it with the opportunity to use a competent one. You can find professionals who can help in solving such issues on our website.