A loan agreement with a legal entity must be concluded in writing. In this case, it is imperative to indicate the presence or absence of interest under this agreement, since otherwise the amount will be considered transferred at interest.
Loan relations are widespread in civil circulation, and it is often necessary to draw up a loan agreement, under which the lender or borrower is a legal entity. Such an agreement is distinguished by certain specific features that must be taken into account at the stage of its conclusion. Most often, the subject of such relationships is money, although civil law allows the use of any things that have certain generic characteristics as such.
Form of a loan agreement with a legal entity
A loan agreement for a legal entity must be concluded in a simple written form; oral conclusion of such an agreement is not allowed. This rule follows from the provisions of Article 808 of the Civil Code of the Russian Federation. At the same time, this norm specifically stipulates that an ordinary receipt, which must contain all the necessary conditions, is also considered as a written registration of these relations. At the same time, the signing of a loan agreement is not considered its conclusion, since this agreement is considered concluded only from the moment the item is transferred from the lender to the borrower.
What conditions should be stipulated in the contract?
A loan agreement for a legal entity should be drawn up taking into account a number of conditions, which include the term for the return of funds, other property, the presence and amount of interest for using the subject of the agreement, the purpose of using the loan amount (if any).
If the loan agreement does not imply the accrual and payment of interest for the use of funds, then this condition should also be included in the content of the agreement, since otherwise the interest will be calculated automatically by applying the refinancing rate. This conclusion follows from the content of Article 809 of the Civil Code of the Russian Federation.
If the borrower has undertaken to use the transferred money, things for a specific purpose, then it should be included in the agreement, since if it is violated, the right to early reclamation of the loan amount and accrued interest will appear. In addition, there is a legislative restriction on the early repayment of a loan issued at interest (it is implemented only with the permission of the lender), so the parties can establish other rules directly in the agreement.
