Each of us has borrowed money at least once. That is, he made a loan agreement. We take money from a bank, from friends, and others. Money is borrowed, returned or not returned. How to protect yourself from financial losses if you lend money? As with any other transaction, with a loan, you also need to draw up a contract. This is best done in writing.
The contract can be concluded orally, in simple written form, or notarized. If the loan amount under the agreement is 10 or more times higher than the minimum wage, the agreement must be concluded in writing. In other cases, this is done at the discretion of the parties. From June 1, 2011, the minimum wage is 4611 rubles.
One of the forms of written confirmation of the conclusion of a loan agreement is an IOU. This is perhaps the easiest way to protect yourself and regulate the timing of the return of funds and the percentage of the loan. The IOU must be drawn up in as much detail as possible.
Be sure to indicate at the beginning of the receipt the last name, first name and patronymic of the borrower and the lender, their registration address, their actual residence address, if it does not match the registration address, and, if possible, other contact details. In the receipt, it is necessary to explain exactly which contract the receipt was issued in support of. For example, write that the money was lent for the purchase of an apartment or its renovation.
The text of the IOU must be handwritten only. If the receipt is created by means of computer technology, it will be much more difficult to prove authorship. If it is handwritten, it will be possible to carry out a handwriting examination. Write the loan amount in numbers and in words.
Be sure to indicate the amount of interest and the timing of their payment. If the amount of interest has not been determined, you can go to court and demand a return of interest based on the refinancing rate. Indicate the name of the currency in which the money is lent. And also write in what currency the funds will be returned.
Write the exact date of the refund. Within three years from the moment of its expiration, the creditor has the right to apply to the court with a demand for the repayment of the debt.
At the end, indicate the date and place of the receipt. If there are empty spaces on the receipt sheet, put a flourish so that nothing can be added. The last to be signed. The signature on the receipt must match the signature on the passport. This will be an additional confirmation of the authorship of the receipt in disputable situations.
The IOU must be written in duplicate. One will go to the borrower, the other to the lender.