The borrower undertakes to return the money received. Sample loan agreement with interest concluded between legal entities. Resolution of disputes from the contract

4. Changing the terms of a loan issued in circulation is not allowed.

5. The rules on state loan agreements apply accordingly to loans issued by a municipality.

Article 818. Novation of a debt into a loan obligation

1. By agreement of the parties, a debt arising from a purchase and sale, lease or other basis may be replaced by a loan obligation.

2. The replacement of a debt with a loan obligation is carried out in compliance with the requirements for innovation () and is carried out in the form provided for concluding a loan agreement ().

§ 2. Credit

Article 819. Loan agreement

1. Under a loan agreement, a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest for its use, as well as other provisions provided for in the loan agreement payments, including those related to the provision of a loan.

In the case of providing a loan to a citizen for purposes not related to business activities (including a loan, the borrower’s obligations under which are secured by a mortgage), restrictions, cases and features of collecting other payments specified in paragraph one of this paragraph are determined by the law on consumer credit ( loan).

Information about changes:

Article 819 was supplemented by paragraph 1.1 from June 1, 2018 - Federal Law of July 26, 2017 N 212-FZ

1.1. If the loan is used by the debtor in whole or in part to fulfill obligations under a loan previously provided by the same creditor and, in accordance with the agreement, the loan is used without being credited to the debtor’s bank account to fulfill the previously provided loan, such a loan is considered provided from the moment the debtor receives it from the creditor in the manner prescribed agreement, information about the repayment of a previously granted loan.

2. The rules provided for in paragraph 1 of this chapter apply to relations under a loan agreement, unless otherwise provided by the rules of this paragraph and does not follow from the essence of the loan agreement.

Article 820. Form of loan agreement

The loan agreement must be concluded in writing.

Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered void.

Article 821. Refusal to provide or receive a loan

1. The lender has the right to refuse to provide the borrower with the loan provided for in the loan agreement in whole or in part if there are circumstances clearly indicating that the amount provided to the borrower will not be repaid on time.

2. The borrower has the right to refuse to receive a loan in whole or in part by notifying the lender before the deadline established by the agreement for its provision, unless otherwise provided by law, other legal acts or the loan agreement.

3. If the borrower violates the obligation for the intended use of the loan provided for in the loan agreement (), the lender also has the right to refuse further lending to the borrower under the agreement.

Information about changes:

Paragraph 2 was supplemented by Article 821.1 from June 1, 2018 - Federal Law of July 26, 2017 N 212-FZ

Article 821.1. The lender's request for early repayment of the loan

The lender has the right to demand early repayment of the loan in cases provided for by this Code, other laws, and when providing a loan to a legal entity or individual entrepreneur, also in cases provided for by the loan agreement.

), unless otherwise provided by the trade credit agreement.

Article 823. Commercial loan

1. Agreements, the execution of which is associated with the transfer to the ownership of another party of money or other things determined by generic characteristics, may provide for the provision of a loan, including in the form of an advance, prepayment, deferment and installment payment for goods, work or services (commercial loan ), unless otherwise provided by law.

2. The rules of this chapter accordingly apply to a commercial loan, unless otherwise provided by the rules of the agreement from which the corresponding obligation arose and does not contradict the essence of such obligation.

Please help me understand the loan agreement. LOAN AGREEMENT No.
"" 201___ , hereinafter referred to as the “Lender”, represented by a person acting on the basis of the Charter, on the one hand, and the borrower, state passport (certificate of state registration)
residing (located) at the address: , hereinafter referred to as the “Borrower”, on the other hand, have entered into this agreement as follows:
1. In accordance with this agreement, the Lender transfers into ownership to the Borrower a sum of money, hereinafter referred to as the “Loan” in the amount
() rub., and the Borrower undertakes to return to the Lender by "" 201___. the same amount in the amount of () rub., as well as pay interest in the manner, amount and within the time limits provided for in this agreement.
2. This Agreement is considered concluded from the moment the borrower receives funds.
3. This Agreement was concluded with the condition that the loan is used for the intended purpose
4. In accordance with this Agreement, the interest rate on the loan is ()% per annum.
5. Interest is calculated based on the amount provided for in clause 1 of this Agreement and is not subject to recalculation in connection with the repayment of the principal amount of the debt.
6. The Borrower undertakes to repay the loan and interest for using the loan to the Lender on time and in the manner provided for in this Agreement and the payment obligation.
Interest for using the loan is calculated monthly on the date of actual receipt of the loan and is not subject to recalculation in case of payment of interest earlier than the stipulated date.
7. The borrower has the right to repay the loan and interest earlier than the deadline established in the payment obligation in accordance with the features provided for in clause 6 of this agreement.
8. In case of untimely repayment of the loan amount and interest for using the loan, the Borrower shall pay a penalty of 2% for each day of delay. The penalty is charged on the remaining balance of the loan.
9. In case of untimely repayment of borrowed funds, the Lender has the right to demand the return of the entire loan amount, including interest on the use of borrowed funds and penalties.
10. Amounts contributed (transferred) by the Borrower to repay the debt under this Agreement are sent regardless of the purpose of the payment specified in the payment document, in the following order: a) payment of a fine (penalty); b) interest repayment; c) to repay loan debt.
11. In the process of work, the Lender has the right to check the financial and economic situation of the Borrower.
12. The Borrower undertakes, upon the first request of the Lender, to provide the latter with written information confirming the safety of the subject of security for the Borrower’s fulfillment of its obligations under this Agreement
13. The Borrower undertakes, no later than seven days from the date of conclusion of this Agreement, to provide a written notification to the Lender indicating the quantity and price of purchased goods, items, materials, property, and provide other documents confirming the intended use of the loan. In case of failure to fulfill this obligation, the Borrower undertakes to return the loan amount and pay a fine of 10% of the loan amount. Payment of the fine does not relieve the Borrower from paying interest on the use of borrowed funds.
The Borrower's liability under this Agreement is built regardless of his guilt.
Disputes and disagreements that may arise between the parties to this agreement shall be resolved in court.
This Agreement has been drawn up in three copies - one for each of the parties and for the notary.
Signatures of the parties:
LENDER
BORROWER
//
NOTARY
I have verified my identity. The document was signed in my presence. I certify the signature "" 201___ //

Hereinafter referred to as the "Lender", represented by ____________, acting on the basis of ________, on the one hand, and __________, hereinafter referred to as the "Borrower", represented by ________, acting on the basis of _______, on the other hand, have entered into this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Lender allocates funds to the Borrower in the amount of ______ rubles (__________ thousand rubles), and the Borrower undertakes to repay the amounts received within the period stipulated by this Agreement. No interest is accrued on the funds provided.

1.2. This Agreement is considered concluded from the moment of transfer by the Lender specified in clause 1.1. of this Agreement the amount of funds or transfer of the specified amount to his bank account.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Rights and obligations of the Lender:

2.1.1. The Lender undertakes to transfer to the Borrower or transfer to his bank account the required loan amount in accordance with the written request of the Borrower within _______ from the receipt of the specified request. At the request of the Borrower, the allocated amounts may be transferred to the accounts of third parties.

2.1.2. The Lender has the right to demand that the Borrower repay the borrowed funds within the period stipulated by this Agreement.

2.1.3. The Lender has the right to defer the fulfillment of obligations to return the transferred amounts to the Borrower in the manner and under the conditions provided for in this Agreement.

2.1.4. In the event of a deterioration in the financial and economic situation of the Borrower, the Lender has the right to collect the disbursed amount ahead of schedule.

2.2. Rights and obligations of the Borrower:

2.2.1. The Borrower undertakes to return the amounts of funds received under this Agreement no later than "__" _____ _______.

2.2.2. The allocated amounts of borrowed funds can also be repaid by the Borrower ahead of schedule.

2.2.3. In the event that by the time the obligations to repay the borrowed funds are fulfilled, the Borrower is unable to fulfill its obligations, the Lender has the right to grant the Borrower a deferment to fulfill its obligations under this Agreement. The deferment is provided subject to the Borrower notifying the Lender in writing of the impossibility of fulfilling obligations within the period stipulated by the Agreement. Such notification must be made no later than _____ before the fulfillment of obligations under this Agreement. The deferment is granted for the period specified in the additional agreement to this Agreement.

2.3. At the end of each month, the parties draw up acts of reconciliation of mutual settlements.

2.4. By agreement of the parties, the Borrower's obligation under this Agreement may be terminated by the Borrower providing compensation (transferring any property, including property rights, into the ownership of the Lender) by signing an independent agreement to this effect.

3. RESPONSIBILITY OF THE PARTIES

3.1. In case of non-fulfillment or improper fulfillment of this Agreement, the parties bear responsibility in accordance with current legislation.

4. FORCE MAJEURE (FORCE MAJEURE)

4.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement, which the parties could not foresee or prevent.

4.2. If the circumstances specified in clause 4.1 occur, each party must immediately notify the other party about them in writing. The notice must contain information about the nature of force majeure circumstances. It must be accompanied by official documents certifying the existence of these circumstances and, if possible, assessing their impact on the likelihood of the party fulfilling its obligations under this Agreement.

4.3. If a party does not send or untimely sends the notice specified in clause 4.2, then it is obliged to compensate the other party for the losses it has incurred.

4.4. In cases of the occurrence of the circumstances provided for in clause 4.1, the deadline for the party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.

4.5. If the circumstances listed in clause 4.1 and their consequences continue to apply for more than two months, the parties conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.

5. PRIVACY

5.1. The terms of this Agreement and amendments, additions and annexes to it are confidential and are not subject to disclosure.

5.2. The parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other party, do not inform third parties about the details of this Agreement and changes, additions and annexes to it.

6. TERM OF THE AGREEMENT

6.1. This Agreement comes into force on the date of receipt by the Borrower specified in clause 1.1. amount of money and is valid for __________ from the named moment.

7. OTHER CONDITIONS

7.1. In all other respects that are not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation.

7.2. All changes, additions and annexes to this Agreement are an integral part of it and are considered legally valid provided that they are made in writing and signed by authorized representatives of the parties.

7.3. This Agreement is drawn up in two copies (one for each party) having equal legal force.

8. DISPUTE RESOLUTION

8.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in this Agreement will be resolved through negotiations.

8.2. If disagreements are not resolved during negotiations, the disputes are referred to the Moscow Arbitration Court.

9. ADDRESSES AND DETAILS OF THE PARTIES

Lender: _________________________________

Borrower:_________________________

10. SIGNATURES OF THE PARTIES

2. Loan agreement

A loan agreement is an agreement by virtue of which a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

The agreement is regulated by Art. 819-821 of the Civil Code and the norms of the Law of December 2, 1990 N 395-1 “On Banks and Banking Activities” (see attached disk).

Features of the agreement

A credit agreement is a type of loan agreement * (88), but unlike it, it is consensual, mutual and always compensated.

The parties to the agreement are a bank (other credit organization) licensed by the Central Bank of Russia for all individual banking operations, and the borrower is any person.

The essential terms of the agreement are the subject of the loan, interest on the loan, the cost of other banking services, the timing of their implementation, including the timing of processing payment documents, the property liability of the parties for violation of the agreement, the term of the agreement, the procedure for its termination (Article 30 of the Law on Banks and Banking activities).

The subject of the agreement is funds (national or foreign currency), but not other things determined by generic characteristics. The loan fee is expressed as a percentage, which, as a rule, includes the refinancing rate of the Central Bank of Russia and the remuneration of the lender itself (bank margin). Article 33 of the Banking Law states that a loan may, but must not, be secured.

Depending on the term of the agreement, loans are usually divided into short-term (up to one year) and long-term (more than one year). The loan agreement is not concluded on demand terms, like a regular loan agreement. Being a reimbursable type of loan, it can be executed ahead of schedule only with the consent of the lender.

The loan agreement must be concluded in writing. Failure to comply with the written form of the contract entails its invalidity.

The lender has the right to refuse to provide a loan to the borrower, for example, if there are circumstances clearly indicating that the amount provided to the borrower will not be repaid on time.

The borrower has the right to refuse to receive all or part of the loan without any reasoning, simply due to no longer being necessary. He must notify the lender of this before the established deadline for granting the loan, unless otherwise provided by law or agreement. The agreement may establish the borrower's obligation to compensate the lender for losses caused by refusal to receive the loan in whole or in part.

Liability for breach of contract can be imposed on both the borrower and the lender. The borrower is liable according to the rules of Art. 811 Civil Code. His responsibility consists of an additional monetary burden associated with the payment of increased interest on the overdue loan.

Special liability may be established for the misuse of funds received or for the reduction (loss) of the value of the loan security. In these cases, the lender has the right to demand early repayment of the loan and payment of the appropriate interest.

The creditor also has the right to apply to the court to initiate proceedings regarding the insolvency of the borrower (Article 34 of the Law on Banks and Banking Activities).

The lender may be held liable for an unmotivated refusal to provide a loan, for providing it in a smaller amount or in violation of the deadlines.

Along with paying a penalty (interest), the guilty party (creditor) must fully compensate the other party for losses caused by non-fulfillment or improper performance of the contract, unless such a form of liability is excluded by the latter.

Commodity and commercial credit

A commodity loan is a credit agreement that provides for the obligation of one party to provide the other party with things defined by generic characteristics, and the borrower undertakes to return the received things within a specified period and pay the lender the remuneration stipulated by the agreement.

The agreement is regulated by Art. 822 Civil Code. It is subject to the rules on the loan agreement, unless otherwise provided by the trade loan agreement and does not follow from the essence of the obligation.

Trade credit agreement - consensual, mutual, compensated. This differs from real borrowing of things.

Parties to the contract are any subjects of civil law. The creditor cannot only be a bank or other credit institution.

The essential terms of the agreement are the subject, conditions for providing a trade loan, interest on the loan.

The subject of the agreement is such goods as agricultural products, semi-finished products, raw materials, fuels and lubricants, etc.

Since a trade credit agreement is concluded, as a rule, for production purposes, not only the rules on a loan (credit) are applied to it, but also the conditions on quantity, assortment, quality, packaging and other rules of the Civil Code on the purchase and sale of goods (Article 465-485 Civil Code). The terms of the agreement must include the terms and procedure for repaying the trade credit. Loan interest includes the refinancing rate of the Central Bank of Russia and the lender's remuneration.

The agreement must be concluded in writing. It is subject to the provisions of Art. 820 of the Civil Code on the nullity of a contract in case of violation of its written form.

With a commercial loan, the agreement includes a condition by which one party provides the other party with a deferment or installment plan for the fulfillment of any obligation (to pay money, transfer property, perform work or services).

In most cases, commercial lending is carried out without special legal registration, due to one of the terms of the concluded agreement (advance payment, installment plan, etc.).

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Lender provides the Borrower with a loan in the amount of rubles, and the Borrower undertakes to return the loan amount to the Lender and pay accrued interest for using the loan in accordance with the terms and conditions established by this agreement.

1.2. The interest rate for this agreement is % per annum.

1.3. Interest for using the Loan is accrued based on the actual number of calendar days of use of the loan, while the actual number of calendar days in a year (365 or 366) is taken as the base, and the number of settlement days in a month corresponds to the actual number of calendar days in a month.

1.4. The period for calculating interest for using a loan begins on the day the Lender actually disburses the borrowed amount to the Borrower or transfers the loan amount to the specified account of the Borrower and ends on the day the Loan is returned to the Lender. The Borrower undertakes to pay the accrued interest for the use of the loan monthly, no later than the last working day of the month.

2. CONDITIONS OF ISSUANCE AND PROCEDURE FOR REPAYMENT OF THE LOAN

2.1. The loan is provided on the basis of this agreement.

2.2. The loan is provided by issuing the borrowed amount from the Lender's cash desk or transferring the borrowed amount to the specified account of the Borrower.

2.3. The Borrower has the right to repay the debt on the Loan and (or) interest for its use by depositing cash into the Lender's cash desk or transferring the amount of debt in non-cash form to the Lender's current account;

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The lender undertakes to ensure the provision of the loan within business days from the moment the parties sign this agreement.

3.2. The Lender undertakes to provide the Borrower with a loan on the terms of this agreement.

3.3. The Lender undertakes to advise the Borrower on all issues related to the execution of this Agreement.

3.4. The Borrower undertakes to repay the loan and pay interest for its use within the terms specified in this Agreement and in full.

4. REPAYMENT OF DEBT

4.1. The Borrower repays the Loan in accordance with the terms established by this Agreement.

4.2. The Borrower has the right to repay the Loan early.

4.3. If the Borrower makes a final early repayment of the Loan, the Borrower must, simultaneously with the repayment of the principal debt on the Loan, repay all accrued interest.

4.4. The date of repayment of any payments is considered to be the date of actual receipt of funds to the corresponding account (accounts) of the Lender or the date of depositing the amount of debt into the Lender's cash desk.

4.5. If the Borrower misses the deadline for repaying any payments, the outstanding term debt is considered as overdue debt with interest accrued at the Increased Interest Rate from the date of its occurrence.

4.6. Overdue debt is considered urgent (priority) for repayment at any time.

4.7. Repayment of debt to the Lender is carried out in the following order:

• penalty;
• overdue interest on the Loan;
• outstanding principal debt;
• urgent interest on the Loan;
• debt on term principal debt.

5. PROCEDURE FOR SECURING THE OBLIGATIONS OF THE BORROWER

5.1. In order to ensure the repayment of the Loan, the Parties undertake to enter into Security Agreements and provide for other security measures.

5.2. Interim measures include: mortgage of real estate; pledge of vehicles; pledge of claims, including securities; the provision by the Borrower to the Lender of the right to extrajudicial foreclosure directly against the collateral provided for in the Security Agreements; surety; bank guarantee; retention of collateral and funds belonging to the Borrower; other measures agreed upon by the Parties.

5.3. The right to choose methods of securing obligations under this Agreement and their assessment belongs to the Lender.

5.4. The property collateral for the Loan, taking into account liquidity, must cover the principal debt and accrued interest. In the event of an increase in urgent debt or the occurrence of overdue debt, the Borrower is obliged to increase the security to the required size and quality.

5.5. The Security Agreements signed in pursuance of this agreement are valid in conjunction with it and are inseparable from it. Simultaneously with the signing of this Agreement, the Guarantee Agreement No. dated "" 2020 and (or) the Guarantee Agreement No. dated "" 2020" are concluded to secure it. In the event of an increase in security, newly concluded contracts are specified in the Agreements.

5.6. In case of deterioration of the physical qualities of the collateral or other loss of its liquid qualities, as with any other security measure, the Lender has the right to demand a replacement of the security method and choose it at its discretion.

6. TERM OF THE CONTRACT

6.2. This agreement comes into force from the moment the Lender actually issues the loan amount to the Borrower or transfers the loan amount to the specified account of the Borrower and is valid until it is fully repaid and the accrued interest for its use is paid.

7. EARLY PERFORMANCE OF OBLIGATIONS

7.1. In case of early repayment of the loan, the Borrower is obliged to notify the Lender of the early repayment no later than business days in advance.

7.2. In case of early repayment of the loan, interest on the use of the loan is paid by the Borrower for the actual period of use of the loan.

8. RESPONSIBILITY OF THE PARTIES

8.1. If the Borrower violates the deadlines established for making the next payment to repay the loan and pay accrued interest for using the loan, the Lender has the right to terminate the agreement and demand from the Borrower an early repayment of the loan amount and payment of the due interest for using the loan.

8.2. From the moment the overdue debt on the Loan arises, the Borrower pays the Lender increased interest for the use of the overdue Loan in the amount of % per annum (hereinafter referred to as the increased Interest).

8.3. Increased Interest is accrued on the amount of the overdue Loan from the date the overdue occurred until the day of full repayment of the overdue Loan.

8.4. In case of late payment of Interest, the Borrower shall pay the Lender regardless of the payment of Interest provided for in clause 1.2. of this Agreement, a Penalty in the amount of %, accrued on the amount of the overdue payment of Interest for each day of delay, from the date following the date of the delay until the date of its repayment (inclusive).

8.5. The Borrower's obligations to repay the Loan and pay Interest (including increased interest) are considered fulfilled in full from the date of receipt of funds to the current account and (or) to the Lender's cash desk.

8.6. With the consent of the Lender, the Borrower's obligations to repay the Loan and pay Interest may be fulfilled in other ways that do not contradict the current legislation of the Russian Federation.

8.7. In the event that the Borrower violated the deadline established for making the next payment to repay the loan and pay accrued interest for its use, and the Lender did not exercise the right provided for in clause 7.1. of this agreement, the Borrower is obliged to pay the Lender interest for using the loan, accrued according to the rules provided for in paragraphs 1.2-1.5 of this agreement for the entire actual period of using the loan.

8.8. The Borrower shall reimburse the Lender for all costs associated with debt collection under this agreement.

8.9. The Borrower’s refusal to repay the debt to repay the loan and pay accrued interest for its use or violation of the terms for repaying the Borrower’s debt established by this Agreement serves as the basis for limiting his possibilities for further borrowing.

9. FINAL PROVISIONS

9.1. In everything that is not reflected in this agreement, the parties will be guided by the current legislation of the Russian Federation.

9.2. The date of fulfillment of obligations under the agreement by the Borrower is the date of full repayment of the debt to repay the loan and payment of accrued interest for its use.

9.3. The parties will try to resolve all disputes and disagreements that arise during the validity of this agreement through negotiations.

Please note that the loan agreement was drawn up and checked by lawyers and is approximate; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.