Loan Agreement (Borrower)

Establish a Clear Foundation for Borrowing with a Loan Agreement (Borrower)

A Loan Agreement (Borrower) is essential when your business needs to borrow funds from another party. This legally binding contract outlines the terms and conditions of the loan, ensuring a transparent understanding between borrower and lender. With a comprehensive Loan Agreement, you can build trust, protect your business interests, and foster successful borrowing relationships.

Key Elements of an Effective Loan Agreement

Our Loan Agreement template covers essential aspects of a borrowing arrangement, providing a solid basis for your business transactions. These elements include:

  1. Loan term and interest rate: Clearly specify the loan duration and the applicable interest rate. It’s crucial to establish a transparent understanding of the interest calculation method and how it affects the total cost of the loan.
  2. Default interest and pre-payment: Set guidelines for handling default interest and early repayments. Ensure both parties understand the implications of pre-payment and any penalties associated with missing a payment or defaulting on the loan.
  3. Events of default: Define events that trigger a default and the related consequences. These events may include missed payments, insolvency, or breaches of the agreement terms. Clarifying the default process can help prevent misunderstandings and facilitate prompt resolution.
  4. Repayment terms: Outline the repayment schedule and methods, ensuring mutual agreement. This includes specifying the frequency of payments and acceptable forms of payment. Clear repayment terms help both parties manage their cash flow and reduce the risk of disputes.
  5. Restrictions and security provisions: Establish any restrictions on borrower actions and describe security for the loan. These provisions may cover restrictions on business activities or the use of loan funds, as well as collateral requirements to secure the loan.
  6. Reporting and monitoring: Define any reporting requirements or monitoring provisions to ensure the borrower remains compliant with the terms of the agreement. This may include financial reporting, progress updates, or regular check-ins with the lender.

Additionally, this Loan Agreement is suitable for documenting borrowing arrangements supporting a Research and Development Tax Incentive claim. By properly structuring your Loan Agreement, you can safeguard your business’s financial stability while maximising the benefits of the tax incentive.

Tailor Your Agreement to Fit Your Needs

While our Loan Agreement (Borrower) template offers a strong foundation, it may not suit all cases. We recommend seeking legal advice to ensure the agreement meets your objectives and complies with applicable laws.

You should Talk to a Lawyer or Get a Quote if you:

  1. Want advice on this Loan Agreement;
  2. Need assistance tailoring the Loan Agreement;
  3. Encounter complex or unique circumstances requiring legal expertise.

Consulting a lawyer, such as Attune Legal, can provide valuable insights and guidance when creating or customising a Loan Agreement (Borrower) to meet your needs and protect your interests.

Tailoring is when a lawyer customizes an automated legal document to meet your specific needs. This process starts with a consultation, after which you will complete a form to generate the initial draft of the document (if you haven’t already generated a DIY legal document). The lawyer will amend the document in line with what was discussed during the consultation, then send it to you for review. Once all reviews are complete the document will be finalised for use, or eSigning (if applicable).

A review is when you send feedback to the lawyer on a tailored document, and they make changes or respond to your comments. Feedback should be made by commenting directly within the document. Tailoring includes two reviews as standard. This is usually more than sufficient. Additional reviews may be charged separately if needed, so it is recommend you thoroughly check and comment on the document before returning it to the lawyer.

eSigning is when a document is executed by collecting an electronic signature from a party to make it legally binding, instead of printing and signing on paper. This is achieved by using a third-party service such as HelloSign that will send a link to the email of each party required to sign the document. The recipient will then follow the link and sign the document using their computer or mobile device. The system will record when they viewed and signed the document as well as from which IP Address. We recommend all our documents be signed electronically, and will manage the process for each tailored document with which eSigning is included.

Mode.law offers document automation services in addition to our tailoring services. If a tailored document is intended to be used repeatedly, mode.law can create a reusable form within your mode.law account. The form can be used to generate new documents based on your tailored template. The form will complete the main variable information that will differ such as (for example) new counter parties, purchase orders or statements of work. This speeds up your business processes, and makes things efficient to tailor when you need a few additional changes. Fees for document automation can be quoted during a consultation.