Loan document

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Dottie
Dottie Registered Posts: 99 Regular contributor ⭐
My client's husband is going to lend her limited company £10,000 and she wishes to have a formal agreement in place. Does anyone have a loan agreement proforma that they could send me or point me to?

Many thanks

Dottie

Comments

  • T.C.
    T.C. Registered, Tutor Posts: 1,448 Beyond epic contributor 🧙‍♂️
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    I would ask my solicitor about that one!
  • Monsoon
    Monsoon Registered Posts: 4,071 Beyond epic contributor 🧙‍♂️
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    Have a look at Limeone Solicitors (they are online). I am sure this is the kind of thing they can supply.
  • Toffeemadblue
    Toffeemadblue Registered Posts: 102 Dedicated contributor 🦉
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    This might be of use

    Loan Agreement


    This agreement is made between


    Name (the Borrower)
    Address 1
    Address 2
    Address 3
    Address 4

    and

    Name (the Lender)
    Address 1
    Address 2
    Address 3
    Address 4


    Whereby it is as agreed as follows :-


    1. The Lender shall make available the sum of £figures (words pounds) to the borrower in such proportions as the borrower shall determine subject to the stipulations below.

    2. The loan shall be repaid in (number) (words) instalments at calendar month intervals from the date of the first transfer of any of the loan amount from the borrower to the lender.

    3. The first (number) (words) instalments of the loan repayment will be at the rate of £number (words) ( pounds), the subsequent number (words) instalments of the loan repayment will be at the rate of £number (words pounds).

    4. Interest will be charged at a rate of number% (words) above the Bank of England base rate

    5. Interest will be calculated monthly on a reducing balance basis and will be invoiced monthly separately from the loan repayments.

    6. The purpose of the loan is to enable the Borrower to …………….; and the money must be used for this purpose only.


    7. Immediate repayment of the balance of the loan would be triggered by the following circumstances

    o The Borrower’s bankruptcy
    o The Borrower’s insolvency or liquidation



    Signed on behalf of the Borrower






    Date

    _______________________________________




    Signed on behalf of the Lender






    Date

    _______________________________________
  • Dottie
    Dottie Registered Posts: 99 Regular contributor ⭐
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    Thanks for your help. I will pass to my client, but stress that it is not legally binding..

    Dottie
  • Monsoon
    Monsoon Registered Posts: 4,071 Beyond epic contributor 🧙‍♂️
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    With something like this you get what you pay for.

    A free template might work, but if it came down to it as you've already noted, may not be legally binding.

    Something from a solicitor would be legally binding and might not cost as much as people think (it's likely a standard template which they will sell for a fixed price as opposed to something bespoke).

    If the sh!t hit the fan, I know which I'd prefer!
  • snowmarauder
    snowmarauder Registered Posts: 99 Regular contributor ⭐
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    If you get independent witness (at least two for each sig) then I would assume it is legally binding, because thats what we had to do for our factoring agreement which is technically a loan arrangement against issued invoices(unpaid) I think I still have the forms as havent thrown them out since not using them anymore x
  • Nick
    Nick Registered Posts: 13 New contributor 🐸
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    solicitor

    I agree with monsoon, I wouldn't have thought it would be too expensive to draw up. I would give the client both options. However, I wouldn't lend any money without a watertight legal document. Especially not that much money, and if the share capital get sold for any reason. I would want proof of debt!!

    Regards
    Nick
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