HOME Visas Visa to Greece Visa to Greece for Russians in 2016: is it necessary, how to do it

Loan agreement between legal entities. Loan agreement between legal entities

Cash loan agreement with interest implies the transfer of funds (but not things) into the ownership of the borrower for a certain period (Article 807 of the Civil Code of the Russian Federation). After a specified period of time, the funds must be returned in full to the lender, including interest on the use of the loan.

Subject of an interest-bearing loan agreement between legal entities

An interest-bearing loan agreement between legal entities or persons with a different legal status must clearly define the subject of the transaction (amount of funds).

Money can be transferred in national or foreign currency. However, if a loan is issued in dollars/euros, etc., the agreement must include a reference to the bank at whose current rate mutual settlements will be made.

Parties to a loan agreement with interest

The transaction involves a borrower and a lender. There are no restrictions on the legal status of the parties. Individuals and legal entities, as well as individual entrepreneurs, can participate in transactions. There are also no restrictions on the relationship between the borrower and the lender. Simply put, a legal entity can accept money from the founder of an organization and so on.

Form of interest-bearing loan agreement between legal entities

For legal entities, regardless of the terms and amount of the loan, only one rule applies: the agreement is concluded in simple written form. Notarization (certifying a document in the manner prescribed by law) is not required. However, if one of the parties expresses a desire, the second does not have the right to refuse.

Terms of the interest-bearing loan agreement

In addition to clearly identifying the subject matter, the parties should agree on a number of additional terms. As a rule, the parties clearly stipulate the exact date for the return of funds, and also draw up a payment schedule as a separate annex to the agreement. The legislator allows the signing of an agreement without specifying a date for the return of money. In this case, the general rule applies: the borrower undertakes to repay the loan within 30 days from the written request of the lender.

Considering that interest-bearing loan agreement between legal entities, the parties must indicate the exact timing of interest payments (they may not coincide with the date of mandatory payments). A separate schedule is also drawn up.

It is also necessary to determine the responsibility for late payment of the debt for the borrower. As a rule, as a penalty, the parties either agree on a percentage of the amount for each day of delay, or a specific amount.

Taxes on loans between legal entities at interest

Preparing Interest loan agreement for legal entities (sample), it is important to understand that the lending organization receives profit in the form of interest. Accordingly, the payment of taxes is implied.

Income in the form of interest is classified as non-operating (Article 249 of the Tax Code of the Russian Federation). VAT is not paid.

However, it should be noted that, in accordance with Art. 309 of the Tax Code of the Russian Federation, loans received from foreign enterprises are subject to taxation, namely, you will have to pay income tax.

Rights and obligations of legal entities with interest-bearing loans

One of the main obligations of the borrower to the lender is the timely payment of funds, as well as interest.

If a targeted loan has been received, then it is necessary to create conditions under which the lending organization can control the expenditure of funds for the purposes specified in the agreement (Article 814 of the Civil Code of the Russian Federation).

A borrower who does not repay money on time is at great risk. In this case, the lender has the right to demand early payment of the provided amount (Article 811 of the Civil Code of the Russian Federation).

Legal entities have the right to accept a loan both through non-cash payment and in cash through the organization’s cash desk. It is advisable to record the chosen method in the agreement in the “Subject” section.

Also, to ensure maximum security of the transaction, it is recommended to draw up a receipt for receipt of funds.

Compose a literate interest-bearing loan agreement possible on our website. The designer takes into account all controversial issues and helps to secure the transaction as much as possible. Use the service right now!

The most important points that need to be reflected in the loan agreement:

  • Amount (in numbers and words);
  • Loan term;
  • The procedure for repaying obligations by the borrower;
  • General and special conditions: interest, pledge;
  • Liability: amount of penalty;
  • Details and addresses of the parties;
  • Signatures of the leaders of both parties.

If the contract does not contain the main points, it can be considered invalid. Commodity loan Organizations often issue loans in goods. For example, one company wants to take a brick from another and after a while pay in bricks. Then a commodity loan agreement can be concluded between the companies. It is no different from the version of a cash loan, only instead of rubles the subject of the loan is used - the same bricks, for the use of which the borrower undertakes to return 1 more brick.

Interest-free loan agreement between legal entities - sample

Liability may include financial consequences for the debtor, fines, etc. In this article we offer you a sample of what an interest-free loan agreement between legal entities looks like. Its form contains general points required for this type of document.


Attention

Formation of the contract When concluding a contract, it is assumed that the parties trust each other. It should be stated that this is not a financial service and does not entail making a profit. If this is not done, the lender will have to pay tax, since by default the presence of interest in the document is provided for.


Important

In the Civil Code, Chapter 42 “Loan and Credit” is devoted to loans. According to it, interest is regulated by the terms of the contract. However, in order for a loan to be considered interest-free, this must be explicitly stated.

Interest-free loan agreement between legal entities sample form

If controversial issues are not resolved during negotiations, disputes are resolved in the manner established by the current legislation of the Russian Federation. 7. TERMINATION OF THE AGREEMENT 7.1. This agreement is terminated:

  • fulfillment by the Borrower of the obligation to repay the loan amount;
  • by agreement of the parties;
  • on other grounds provided for by the current legislation of the Russian Federation.

8. FINAL PROVISIONS 8.1. This agreement is considered concluded from the date of transfer by the Lender of the loan amount specified in clause 1.1 of this agreement to the Borrower.
8.2. This agreement will be considered fulfilled when the Borrower fulfills the obligation to repay the loan amount. 8.3. Any changes and additions to this agreement are valid provided that they are made in writing and signed by duly authorized representatives of the parties. 8.4.

Interest-free loan agreement between a legal entity and a legal entity

Additional agreements must also determine the total amount of funds transferred to the Borrower from the beginning of the agreement until the signing of such additional agreement (taking into account the amount transferred under the signed agreement). 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Lender transfers the part of the loan amount agreed upon by the parties to the Borrower’s current account within days after signing the corresponding additional agreement. 2.2. The Borrower may repay the loan amount in installments (in installments), but no later than months from the date of receipt of the first part of the loan amount.

2.3. The term and/or procedure for repaying the loan amount may be changed by additional agreement of the parties. 3. RESPONSIBILITY OF THE PARTIES 3.1.

Interest-free loan agreement between legal entities: sample filling

According to the Treasury Department, the borrower has no tax consequences as a result of the interest-free loan. Arbitration practice confirms, in turn, that an organization that issues an interest-free loan also does not have income subject to taxation. VAT The Tax Code clearly establishes transactions that are subject to this type of tax.

Among them:

  • sale of goods and services (as well as works);
  • transferring them for one’s own needs (expenses are not deductible);
  • construction and installation work for your own needs;
  • importation of goods to Russian customs.

In addition, there is also an article that establishes transactions that are not subject to this tax. The list also includes an interest-free loan issued in cash. It turns out that this operation is not subject to VAT.

Loan agreement between legal entities (interest-free)

  • City and date of signing the contract.
  • Data about the borrower and lender: name, information about the executive body and the grounds for carrying out its activities.
  • The subject of the agreement indicating the amount of funds (or the amount of valuation of other assets) provided to the borrower for temporary use.
  • The rights and obligations of the borrower and lender, indicating the terms for the return of funds or other assets, the need to pay interest on the loan amount.
  • Responsibility of the borrower and lender.
  • Procedure in case of force majeure circumstances.
  • The procedure for resolving disputes regarding the subject of the agreement.
  • The procedure and duration of the contract, as well as the conditions for its early termination.
  • Obligations of the parties regarding non-disclosure of confidential information.
  • Other essential information regarding the contract.

Loan agreement between legal entities persons

Interest-free loan agreement Interest-free loan between legal entities Interest-free loan agreement between legal entities: design features and sample Interest-free loan agreement between LLC and LLC Interest-free loan agreement The loan agreement (Article 807 of the Civil Code of the Russian Federation) is considered initially interest-free if (clause 4 of Article 809 Civil Code of the Russian Federation):

  • parties to the agreement - individuals (including individual entrepreneurs) with a loan amount of no more than 100 thousand rubles;
  • The subject of the contract is not money, but things defined by generic characteristics.

In the document on the terms of an interest-free loan between legal entities or between individuals for an amount greater than 100 thousand rubles, it is necessary to include wording stating that interest is not charged on this loan (clause 1 of Article 809 of the Civil Code of the Russian Federation).

Blanker.ru

A loan agreement between legal entities is a document under which one legal entity (lender) transfers to another legal entity (borrower) a certain amount of money (or other assets) for temporary use, and the borrower undertakes to return these funds within a specified period. The loan can be either interest-free or provide for the payment of financial compensation to the lender for the use of borrowed funds. The agreement is drawn up in writing in 2 copies for both parties to the transaction and certified by the signatures (seals) of the lender and borrower.
The execution and use of loan agreements between legal entities is regulated by the Civil Code of the Russian Federation.

Loan agreement between legal entities interest-free sample

You can refer to the lack of grounds for paying tax on an interest-free loan in accordance with Letter of the Ministry of Finance of Russia dated July 14, 2009 No. 03-03-06/1/465. It says that only those benefits, the concept of which is spelled out in the Tax Code of the Russian Federation, are considered income. However, none of the articles of the code provides a clear distinction and assessment of how to benefit from an interest-free loan.


The Civil Code in Article 196 states that the lender can legally recover the debt from the borrower in case of violation of the terms of the contract. What does a sample interest-free loan agreement between legal entities look like? The legislation does not provide for a standard form of such an agreement. Therefore, it may be different for each organization - some have more sections, others have fewer.

Interest-free loan agreement between legal entities sample 2013

After all, banks will never provide them with such a service. But others, both individuals and legal entities, can do this. Features An interest-free loan between legal entities is a fairly common transaction. It is used by companies that are in partnership or friendly relations.
There are even special organizations involved in issuing loans. The transaction must be accompanied by the conclusion of an agreement, and it can be either unilateral or bilateral. In addition, it is possible to involve another party in order to guarantee the return of funds to the lender. An official organization may be accepted as such. The agreement clearly states the period for issuing the loan, as well as the amount. It must be certified by a notary.

Interest-free loan agreement between legal entities sample 2016

Important! If a loan is provided by a non-credit organization for an amount equal to or greater than 600,000 rubles, such transactions are subject to mandatory state control (paragraph 7, subparagraph 4, paragraph 1, article 6 of the Federal Law “On combating the legalization (laundering) of proceeds from crime, and financing of terrorism" dated August 7, 2001 No. 115-FZ). The credit institution is obliged to report to the Federal Financial Monitoring Service information about the loan provided or received. At the same time, the bank tracks loan payments on an accrual basis if the amount under the agreement as a whole is more than or equal to 600,000 rubles.

(Clause 3 of the Bank of Russia information letter dated 01.09.2009 No. 16). Failure to comply with these requirements is an administrative offense in accordance with Part 1 of Art. 15.27 Code of Administrative Offenses of the Russian Federation (resolution of the 9th Arbitration Court of Appeal dated December 11, 2014 No. 09-AP-50597/14 in case No. A40-120479/14).

Interest-free loan agreement

A loan agreement (Article 807 of the Civil Code of the Russian Federation) is considered initially interest-free if (clause 4 of Article 809 of the Civil Code of the Russian Federation):

  • parties to the agreement are individuals (including individual entrepreneurs) with a loan amount of no more than 100 thousand rubles;
  • The subject of the contract is not money, but things defined by generic characteristics.

In the document on the terms of an interest-free loan between legal entities or between individuals for an amount greater than 100 thousand rubles, it is necessary to include wording stating that interest is not charged on this loan (clause 1 of Article 809 of the Civil Code of the Russian Federation). Otherwise, the agreement will be considered an ordinary loan agreement and interest will be accrued on it (resolution of the Volga-Vyatka District Arbitration Court dated September 24, 2015 No. F01-3095/15 in case No. A82-1138/14).

On a note! To qualify borrowed legal relations, it is enough to establish the appropriate nature of the obligations that have arisen: one person borrows money from another person and undertakes to return it (Review of the judicial practice of the RF Armed Forces No. 1, approved by the Presidium of the RF Armed Forces on April 13, 2016).

Interest-free loan between legal entities

Running a business without borrowing money is almost impossible. But providing an interest-free loan indicates trust and interest in the success of the borrower’s business or the interdependence of the parties.

Important! If a loan is provided by a non-credit organization for an amount equal to or greater than 600,000 rubles, such transactions are subject to mandatory state control (paragraph 7, subparagraph 4, paragraph 1, article 6 of the Federal Law “On combating the legalization (laundering) of proceeds from crime, and financing of terrorism" dated August 7, 2001 No. 115-FZ).

The credit institution is obliged to report to the Federal Financial Monitoring Service information about the loan provided or received. At the same time, the bank tracks loan payments on an accrual basis if the amount under the agreement as a whole is more than or equal to 600,000 rubles. (Clause 3 of the Bank of Russia information letter dated 01.09.2009 No. 16).

Failure to comply with these requirements is an administrative offense in accordance with Part 1 of Art. 15.27 Code of Administrative Offenses of the Russian Federation (resolution of the 9th Arbitration Court of Appeal dated December 11, 2014 No. 09-AP-50597/14 in case No. A40-120479/14).

Note! The systematic provision of loans by a non-credit organization can be qualified as illegal banking activity (Article 172 of the Criminal Code of the Russian Federation).

Interest-free loan agreement between legal entities: design features and sample

To avoid litigation, the following terms should be included in the contract:

  • Exact characteristics of the loan subject. It is necessary to indicate the amount or number of things being transferred (Resolution of the Autonomous District of the East Siberian District dated January 26, 2016 No. F02-7180/15).
  • The procedure for transferring the subject of the loan. Otherwise, subsequently in court it will be necessary to use other evidence (cash order, payment order, bank statements, etc.) of its transfer (resolution of the 18th Arbitration Court of Appeal dated July 22, 2014 No. 18AP-6771/14 in case No. A47-7348/13) .
  • Loan repayment. It is better to formulate the point in a standard way: the obligation is considered fulfilled at the moment of repayment of the loan amount (or things) or the receipt of money in the borrower’s current account (appeal ruling of the Stavropol Regional Court dated December 8, 2015 in case No. 33-8281/15).
  • Loan repayment period. It is not an essential condition, but it is worth stating, since the courts do not have a uniform approach to this issue (resolution of the Administrative Court of the East Siberian District dated August 20, 2015 No. F02-4403/15 in case No. A78-10255/14).

Important! Most often, interest-free loan agreements are challenged by creditor organizations when the party is a bankrupt debtor, since by concluding such agreements a bankrupt organization may try to change the priority of creditors' claims or withdraw funds (Resolution of the Central District Administrative Board dated December 19, 2014 No. F10-4585/14 in case No. A62-5396/13).

However, the risk of an interest-free loan is not only in the prospect of legal disputes: an interest-free loan agreement between legal entities may attract the attention of the competent authorities if the parties to the transaction are interdependent (Article 105.1 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated May 25, 2015 No. 03-01-18/ 29936).

Interest-free loan agreement between LLC and LLC

The parties to an interest-free loan agreement can be any legal entity, regardless of its legal form. In particular, such a transaction can be concluded between two LLCs. The law does not contain any prohibitions in this regard.

Important! It is worth remembering that if the parties to the transaction are interdependent, the tax authority will require inclusion in the tax base when calculating income tax the amount of interest that could have been received in the case of a loan between non-related parties in a comparable transaction (letter of the Ministry of Finance of Russia dated October 5, 2012 No. 03-01-18/7-137).

However, the clarifications of the Ministry of Finance of Russia are advisory in nature and do not have the binding force of law, therefore the question of taxation of the borrower under an interest-free loan agreement remains open (see, for example, Resolution of the Volga District Autonomous District of 04/08/2016 in case No. A55-4479/2015),

On a note! If cash is transferred under an interest-free loan agreement, it is worth keeping in mind that the amount of such an agreement is limited: no more than 100,000 rubles. (Clause 6 of the instruction of the Central Bank of the Russian Federation “On cash payments” dated October 7, 2013 No. 3073-U).

It is also necessary to take into account that when signing an interest-free loan agreement between two LLCs, it is worth checking the powers of the persons representing the parties. Often such transactions are disputed precisely due to the lack of proper authority among the signatories (resolution of the 2nd Arbitration Court of Appeal dated January 29, 2015 No. 02AP-11127/14 in case No. A29-4188/14).

Thus, when drawing up an interest-free loan agreement, it is necessary to check whether the borrower and the lender are interdependent, in order to avoid increasing the tax base for income tax, and also whether this transaction will be controlled for the purposes of combating the legalization of corruption.

A loan obligation between legal entities requires precise wording regarding the subject, timing of repayment and the moment of fulfillment of the obligation by the borrower.

An agreement for the loan of certain valuables is concluded between two legal entities. This is an agreement in which the lender gives the borrower something of value, and in which it is stated that the debtor is obliged to return the value in accordance with the terms specified in the agreement.

The legal basis of such an agreement is unilateral obligations to return certain valuables or their equivalent, if so specified in the agreement. The contract acquires legal force only after the transfer of value from one party to the other. That is, the lender gives away some value. Such an agreement is always considered compensated, unless otherwise specified in the text of the agreement.

Based on what the borrowed funds will be used for, they distinguish between a target agreement and a standard one. The target agreement is aimed at borrowing money or other valuables that will be used only for certain purposes (in the agreement form). Under a standard agreement, values ​​can be used for any purpose of the borrower. Sample forms (2016) are available at the end of the page (for downloading).

Below we look at an example of a regular cash loan:

An organization provides money to a product procurement company to purchase raw materials from a manufacturing company. With the condition that after processing this raw material, most of it will be given to the lender.

Mandatory requirements that the parties must comply with.

For the borrower:

  • the absence of legal prohibitions for a legal entity to conduct such operations;
  • the absence in the statutory documents of organizations of a ban on the obligations or measures they carry out;
  • the use of borrowed assets only in accordance with the statutory objectives, also applicable to non-profit organizations.

For the lender:

  • absence of statutory and legal prohibitions on issuing loans;
  • the existence of ownership rights to the occupied value.

Legal regulation

By observing all the clauses of the agreement (loan repayment period, transactions, return procedure, etc.), one party to the agreement undertakes to return the borrowed assets to the other.

In addition to cash and things, foreign currency, securities, and jewelry can be transferred to Russia. The latter must be expressed in foreign currency equivalents in full compliance with legal regulations.

According to the type of conclusion and type of contract, they are divided into:

  • targeted;
  • monetary;
  • interest;
  • interest-free.

The beginning of the full validity of the agreement is considered to be the transfer of all, without exception, valuables to the borrower.

Important! The signing of the agreement is voidable if the borrower has not received the loan in full. In this case, the testimony of witnesses, without other evidence of a failed transaction, is not enough.

A typical (written) contract form for 2016 is as follows:

  • place and date of registration;
  • all names of the parties established by law;
  • type of loan (with or without interest, targeted or standard);
  • terms for issuing and returning valuables;
  • specified type of loan repayment (monthly, interest or fines imposed on the borrower under certain conditions);
  • an indication of the parties' responsibilities in the event of termination of the agreement or force majeure;
  • details, signatures.

You can download the sample at the end of the page.

If there is no document drawn up on the basis of a loan agreement, you can use other types of written agreements (receipt, bill of exchange, etc.).

According to one agreement, the transfer of cash should not exceed 100,000 rubles. If any norms are violated, a fine (up to 50,000 rubles) will be imposed in accordance with the Code of Administrative Offenses of the Russian Federation 15.1, plus if the company does not have a cash register, the case will be subject to separate consideration. Therefore, the transfer of funds is often non-cash.

It is possible to transfer a loan through the cash desk only if all legal norms are observed, with the initial provision of accounting entries.

The following aspects must be observed when concluding an agreement:

  • checking the correct spelling of all factual data;
  • reflection in the agreement of the fact of transfer of values;
  • the transfer of the loan must be carried out only in the presence of a notary and witnesses.

Loan repayment procedure

There are no restrictions on the duration of the loan. But it is worth concluding agreements on acceptable terms for both parties.

In cases where there is a possibility that the borrower will not be able to repay the borrowed funds, it is possible to provide some guarantees (collateral, guarantors, etc.) to avoid possible consequences associated with litigation.

When the agreement expires, the debtor must immediately repay the funds he borrowed with interest. When returning, it is better to make the necessary receipt and destroy the agreement form so that both parties do not have any questions for each other.

Important! If the debtor is late in repaying the loan, the lender can sue him.

In accordance with the legislation of the Russian Federation, the lender may receive interest charges for the loan provided. It is necessary to indicate in the agreement the procedure for their accrual; if this is not the case, then accruals are made based on the calculation of the refinancing rate at the borrower’s place of registration.

If the subject of the loan is not money, but, for example, raw materials or goods, then the agreement can be defined as gratuitous (Civil Code of the Russian Federation, Art. 809). The contract must specify the terms of repayment in the interest form, since the lender may lose benefits if the debt is repaid early. With an interest-free type of transaction, everything can be returned ahead of schedule without restrictions. A loan is considered repaid when the funds or other valuables are fully returned to the lender’s account or to him personally; all this must be indicated in the postings.

The loan can be extended either if such conditions are present in the agreement form, or under certain circumstances provided for by law. Often it’s just a simple lack of money. By law, you can extend the loan as many times as you like, but in any case, it all depends on the lender. For periods of time during which the borrowed funds were not repaid, interest must be paid (if it was possible to extend the loan).

Interest loan

The agreement is concluded in writing; the presence of a notary is not necessary. The sample can be downloaded at the end of the page.

Article 808 of the Civil Code of the Russian Federation states that it is advisable to draw up a receipt certifying the transfer of valuables.

An interest agreement is an agreement that does not stipulate that it is free of charge. If the type of agreement is not defined, then it is considered interest-bearing by default and the borrower pays interest calculated at the refinancing rate.

The type of agreement is prepared based on the preferences for the choice of conditions of each party (a protocol of disagreements can be used).

A loan agreement between legal entities is an agreed upon transfer of valuables and the procedure for their return. If there is no evidence of consistency of the transfer, but the transfer was carried out, then it is considered an unjustified receipt of values ​​that are subject to return with interest (Civil Code of the Russian Federation, Art. 395).

All valuables provided to the borrower are his property, and he can dispose of them as the rightful owner. The loan agreement may specify the return of equivalent funds borrowed.

Interest-free loan

You can enter into such loans without any legal restrictions, but it is worth remembering that such transactions on an ongoing basis can be classified as illegal banking activities. Basically, interest-free loans are common in non-profit environments. The sample can be downloaded at the end of the page.

The type of contract should always be standard. It is necessary to indicate its type, that is, interest-free loan payments; everything else is similar to other types of agreement.

A properly drafted agreement must clearly indicate the object of the loan. If it is not specified, such an agreement is invalid.

It is also necessary to indicate the point that no fee is charged for the use of valuables. Without this clause, the agreement is considered to be a percentage agreement. If there is no exact date for the return of funds, they are returned within 30 days after the request for return from the lender.

Tax consequences

If a loan agreement is concluded, it is necessary to take into account the reaction of the tax authorities. To avoid any consequences, it is better to enter into an interest-bearing loan. In this case, tax is paid on the amount of interest (recognized as expenses).

When the loan is gratuitous (interest-free) or the interest is below the norm, it is necessary to show the benefit received from the transaction to the tax authorities. The court, under such circumstances, is always on the side of the tax authorities.

Questions from tax organizations arise in connection with the possible benefit of one of the parties in the form of interest savings. Article 251 of the Tax Code does not accept the inclusion of such loans in the tax base, so the borrower may not pay all types of taxes.

The main thing in drawing up an agreement is a legally competent wording indicating all the points required by both sides.

Post Views: 519

It is no secret that legal entities often resort to borrowing not only from banks, but also from their partners. At the same time, loans are issued not only in monetary terms: one company can borrow raw materials, goods, equipment, and other material assets from another.

How is it correct between legal entities? You can download the 2017 sample with explanations in this article.

Let us highlight 3 main types of contracts that are most often used by organizations:

  • Cash loan agreement between legal entities ();
  • Commodity loan agreement between legal entities (sample);
  • Loan agreement in tranches (sample).

Cash loan between legal entities

In practice, a loan agreement with interest is usually used: it is quite normal to demand a certain amount for the loan provided. The amount of the lender's remuneration is agreed upon in advance by both parties and is reflected in the form of the loan agreement between legal entities.

If there is no clause in the agreement, the loan is either considered interest-free or calculated at the refinancing rate.

A sample loan agreement provides for monthly repayment of the debt in equal installments until the obligation is fully settled. The term and procedure for repaying the cash loan are prescribed without fail. If this point is missed, the lender has the right to demand repayment within 30 days.

The agreement comes into force from the moment the money is transferred and is terminated under predetermined conditions (in particular, the borrowing organization is given the right to early repayment).

The most important points that need to be reflected in the loan agreement:

  • Amount (in numbers and words);
  • Loan term;
  • The procedure for repaying obligations by the borrower;
  • General and special conditions: interest, pledge;
  • Liability: amount of penalty;
  • Details and addresses of the parties;
  • Signatures of the leaders of both parties.

If the contract does not contain the main points, it can be considered invalid.

Commodity loan

Often organizations issue loans in goods. For example, one company wants to take a brick from another and after a while pay in bricks. Then a commodity loan agreement can be concluded between the companies. It is no different from the version of a cash loan, only instead of rubles the subject of the loan is used - the same bricks, for the use of which the borrower undertakes to return 1 more brick.

Loan in tranches

This method of borrowing is similar to a line of credit from a bank. One organization opens another credit limit for a certain amount. The borrower chooses this limit in parts - tranches, as needed. For each tranche a simple agreement is concluded; the agreement itself is drawn up only once.

This scheme is convenient when ordering goods in small quantities: the borrower does not keep the entire loan amount in the account, paying interest on the full amount - instead, he effectively uses small tranches.