• News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Well Being
  • Marketing
  • HR & Recruitment
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
Twitter LinkedIn YouTube
Trending
  • Document Management Company Celebrating Award Success For Third Consecutive Year
  • Podcast advertising: A lesser-known secret to marketing success
  • 7 effective tips for achieving a better work-life balance as a self-employed professional
  • Education and Culture: Tools against workplace stress
  • Ensuring Ethical AI Practices Tailored to Your Industry’s Needs
  • European Business Lenders Forecast Spiralling Fraud Rates
  • Autumn Statement sparks SME hope, but there is more work to be done
  • Why Too Much Ego is Disastrous in a Transformation Project
Twitter LinkedIn YouTube
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing
  • Marketing
  • HR & Recruitment
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
You are at:Home»Finance»What needs to be included in a Loan Agreement?
How to draft a loan agreement

What needs to be included in a Loan Agreement?

0
By sme-admin on August 1, 2023 Finance

If you’re considering loaning money to an individual or a business for any purpose, it’s wise to pause and consider what documentation should be in place to protect you. Even if you know the people involved on a personal or close business level, it’s never a good idea to loan money on the strength of their word only. It’s far better to have a legally binding contract for repayment; this is where Loan Agreements come into play.

In this article, we’ll discuss the fundamental aspects of a Loan Agreement: its purpose, benefits and essential components. You’ll thoroughly understand why Loan Agreements are employed, their advantages and the crucial elements that should be included in their formulation. 

What is a Loan Agreement?

A Loan Agreement is a contract between two parties, the lender and the borrower, which records the terms of a financial loan and details the precise terms for its repayment. 

How does a Loan Agreement help?

The document provides various benefits to both parties. The most obvious advantages of using a Loan Agreement are as follows:

  • Establishes absolute certainty regarding the arrangements
  • Details the finer terms of the loan
  • The perceived strength of legally binding contract – improving chances of repayment
  • Acts as a key point of reference during dispute resolution processes

Given all the benefits above, it’s difficult to argue against using a Loan Agreement, even for loans of relatively modest sums.

What are the main terms a Loan Agreement should include?

A Loan Agreement should include all the terms of the loan, including the initial capital sum advanced, the applicable interest, the details of the repayment, including the amount, number, method and frequency of the repayments (i.e. weekly / monthly by bank transfer etc). It should also state whether there’re any penalties or conditions for early redemption of the loan.

The document should also clarify exactly who the parties are – i.e. their full legal names and addresses or company name and number (as applicable). 

In other words, the legal capacity of the parties and, therefore, who’s legally liable for the loan and its repayment must be abundantly clear. 

For example, if you have a loan to a company that’s repayable solely by the company, it should be in the company name and not the director’s or shareholder’s name.

If there are any guarantors for the repayment of the loan, then this should be set out in the Agreement, and the guarantors should also be asked to sign in their capacity as guarantors. 

If there’s any security for the loan, then reference may be made in the Loan Agreement to such security and the relevant ancillary documentation. 

For example, if the Loan Agreement is to be supported by a private mortgage over property – then the Loan Agreement may well reference this. Still, you would also need a separate Mortgage Deed (and Land Registry forms) to secure the debt against the relevant property.

What happens if they don’t pay me back?

If the borrower fails to pay back the loan as required by the terms of the Agreement, you can start proceedings in court for the debt. The Loan Agreement would then be a critical document in the court proceedings as it would be evidence of the loan’s agreed terms and repayment.

Naturally, if any guarantors or security are backing up the loan, you can look to this to improve your chances of repayment, particularly if the borrower needs more cash or assets to enforce against.

Wrapping up 

If you’re contemplating the idea of lending money to an individual or business, it’s essential to safeguard your interests by establishing a comprehensive Loan Agreement. By enlisting the expertise of skilled solicitors, you can ensure that the entire process is handled correctly, providing you with peace of mind and significantly enhancing the likelihood of receiving full repayment for the loan.

Similarly, if you find yourself in the position of borrowing money and are presented with a Loan Agreement, it is crucial to have a qualified lawyer carefully examine its terms before signing.

LawBite boasts a team of experienced lawyers who specialise in advising on the creation or review of Loan Agreements. With their guidance, you can confidently navigate the complexities of this important legal document and secure your financial interests with confidence.

About the author

Ashley Gurr is an expert business lawyer at LawBite. Ashley has over 15 years of experience in private practice helping SMEs and in-house for an international consultancy group advising on commercial contracts and a multi-national utility giant in a contract strategy role.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

European Business Lenders Forecast Spiralling Fraud Rates

Autumn Statement sparks SME hope, but there is more work to be done

Finding business finance gets simplified with the launch of SimpliFi by The Growth Company

Comments are closed.

Follow SME Today on Linkedin and share all the topics you find interesting

The Newsletter

Join our mailing list to receive the latest news and updates from SMEToday
Read our Latest Newsletter:

Sign Up
Events Calendar
    • Marketing
    November 24, 2023

    Ten Red Flags to Look for When Hiring a Marketing Agency in 2024

    November 13, 2023

    The Power of a Name – Expert Tips for Naming Your Business

    • Finance
    November 29, 2023

    European Business Lenders Forecast Spiralling Fraud Rates

    November 27, 2023

    Autumn Statement sparks SME hope, but there is more work to be done

    Protean Inbound Marketing
    • Health & Safety
    November 21, 2023

    Fire Safety: How to Protect Your Business With 5 Simple Steps

    September 5, 2023

    The Importance of Preventing Falls in the Workplace

    Discover Maximizer
    Discover Maximiser
    • Events
    November 15, 2023

    The Great Christmas Raffle Raising Vital Funds For Charities

    September 28, 2023

    Brighton Half Marathon Youth Races Returning in 2024

    • Community
    November 17, 2023

    Cherishers 811 CIC Wins Bronze & Silver Stevie® Award In 2023 Stevie Awards For Women In Business

    November 15, 2023

    The Great Christmas Raffle Raising Vital Funds For Charities

    • Food & Drink
    November 8, 2023

    Brownie business reaches ‘epic’ proportions with support from Delivered UK and The APC network

    August 8, 2023

    London’s Remote Work Coffee Shop Guide: work-friendly independents and small chains closest to every tube stop in London’s Zone 1

    • Books
    November 27, 2023

    Why Too Much Ego is Disastrous in a Transformation Project

    November 16, 2023

    The Fenton Elliott Business Book Club

    About

    SME Today is published by the same team who deliver The Great British Expos’. We have been organising various corporate events for the last 10 years, with a strong track record of producing well managed and attended business events across the UK.

    Join Our Mailing List

    Receive the latest news and updates from SMEToday.
    Read our Latest Newsletter:


    Sign Up
    Twitter YouTube LinkedIn
    Most Recent Posts
    November 30, 2023

    Document Management Company Celebrating Award Success For Third Consecutive Year

    November 30, 2023

    Podcast advertising: A lesser-known secret to marketing success

    November 29, 2023

    7 effective tips for achieving a better work-life balance as a self-employed professional

    November 29, 2023

    Education and Culture: Tools against workplace stress

    November 29, 2023

    Ensuring Ethical AI Practices Tailored to Your Industry’s Needs

    Categories
    • Books
    • Community
    • Education and Training
    • Environment
    • Events
    • Features
    • Finance
    • Food and Drink
    • Health & Safety
    • HR & Recruitment
    • In Profile
    • Legal
    • Marketing
    • News
    • Property & Development
    • Sponsored Content
    • Technology
    • Transport
    • Well Being
    Copyright © 2020 SME Today.
    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Privacy
    • Contact

    Type above and press Enter to search. Press Esc to cancel.