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In general, a personal loan contract is just as legally binding between friends or family as it would be with a bank. However, a contract between friends or family might be simpler or have fewer terms. Each agreement, though, is likely to have the same main provisions.
Loan agreements typically include covenants, value of collateral involved, guarantees, interest rate terms and the duration over which it must be repaid. Default terms should be clearly detailed to avoid confusion or potential legal court action.
You can write up a personal loan agreement by hand, with pen and paper, or draft it on your computer. Once the document looks good, it can be printed out and signed by both parties.
In order for the note to be negotiable, the Code requires that it must be in writing, be signed by the maker, be an unconditional promise to pay, state a specific sum of money, be payable on demand or at a definite time and be payable to the payee or bearer.
What a personal loan agreement should include Legal names and address of both parties. Names and address of the loan cosigner (if applicable). Amount to be borrowed. Date the loan is to be provided. Repayment date. Interest rate to be charged (if applicable). Annual percentage rate (if applicable).
A loan agreement should be structured to include information about the borrower and the lender, the loan amount, and repayment terms, including interest charges and a timeline for repaying the loan. It should also spell out penalties for late payments or default and should be clear about expectations between parties.
A loan agreement is a formal contract between a borrower and a lender. These counterparties rely on the loan agreement to ensure legal recourse if commitments or obligations are not met. Sections in the contract include loan details, collateral, required reporting, covenants, and default clauses.
First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.