How to borrow money? It would seem that nothing could be simpler: the interested parties discussed the amount of the loan, the term for its repayment, shook hands and parted. However, an oral transaction is fraught with unpleasant consequences for the lender in the event that the borrower, for some reason, is unable to repay the debt or deliberately neglects his obligations to repay the borrowed amount. In order to avoid complications, in some cases the deal should be formalized accordingly.
It is necessary
Civil Code of the Russian Federation
Instructions
Step 1
First of all, determine which form you will use when concluding a loan agreement. Possible oral or written form of the loan agreement; the choice of the form depends on the specific conditions of the transaction, such as the amount of the loan and the status of the lender (natural or legal person).
Step 2
If the loan amount does not exceed ten times the wage, that is, 1000 rubles, the loan agreement can be concluded orally. This condition applies only to cases where the lender is a natural person. When concluding such a verbal loan agreement, make sure that eyewitnesses are present when the transaction is made. Their evidence may be needed if you decide to challenge the deal in court.
Step 3
If the loan amount is at least ten times the minimum wage, conclude a loan agreement in writing. In the most elementary case, to confirm the loan agreement between citizens, use a simple written form in the form of a receipt.
Step 4
Make sure that the receipt indicates that a certain amount of funds was transferred by one person and received by the second. The debt receipt should also indicate the last name, first name, patronymic of the borrower, his passport data, registration address, loan amount, loan repayment period, date of receipt and data of the lender. Using such a document, the lender has the right to count on the return of the loan amount in court in the event of complications.
Step 5
If you, as a lender, want to receive even greater guarantees, draw up the actual loan agreement in writing. But in the case when the lender is a legal entity, an oral transaction and a simple receipt are unacceptable, an agreement is required in its entire form. In the agreement, write down the details of the parties, the size of the loan, the procedure for its return, indicate the interest for using the loan and the responsibility of the parties for violation of the terms of the agreement. A receipt for receipt of funds can serve as an appendix to a written loan agreement. However, in practice, especially when the loan amount is small, individuals prefer to issue one receipt when concluding a loan agreement.
Step 6
When drawing up a receipt, pay attention to the following detail: the text must clearly reflect the fact of the transfer of funds, that is, the document must contain the words “money transferred and received”. Finish the receipt with the words that the borrower has no claims to the lender regarding the transfer of the amount. If this condition is not met, difficulties may arise when considering the case in court if the case comes to trial.
Step 7
If you wish, you can certify a written loan agreement with a notary, however, the law does not oblige you to do this.
