A loan is the use of someone else's money or other valuables issued for a specific time and subject to return. An employee is a hired private person, therefore, taking a loan from him means entering into credit relations regulated by Chapter 42 of the Civil Code of the Russian Federation. Any loan must be properly arranged so that there will be no problems in the future.
Necessary
- - passport of the lender, borrower and witnesses;
- - contract or receipt.
Instructions
Step 1
Any loan involves drawing up a written agreement by hand or in notarial form. But if the amount that you want to borrow from an employee is small and does not exceed 1 thousand rubles, then you can not draw up a contract and get by with a verbal agreement.
Step 2
If you are writing a written contract by hand, invite two witnesses. This is especially true when the amount borrowed is significant. Since the employee is not a legal entity, the loan is considered a transaction between civilians, since it is unlikely that any organization will borrow from its own employee, that is, such a loan does not provide for commercial relations. Therefore, in the contract, do not indicate the interest rate at which cash or other values are issued. It is better to calculate this rate immediately and include it in the total amount of the debt, since the courts do not take this information into account if the loan relationship arises between individuals. In accordance with the law, if the debt is not repaid, the rate will be calculated for each day of delay, based on the refinancing of the Central Bank of the Russian Federation at the time of the consideration of the case.
Step 3
In the agreement or receipt, indicate the details of the borrower and lender, passport data, home address, the amount of the debt with interest included, the date of the debt repayment. Sign up. At the bottom of the contract or receipt, ask the witnesses whom you invited to be present to put their details, passport details and signatures. A handwritten receipt is considered a sufficient basis for going to court in case of non-return of funds or valuables and is subject to strict execution by both parties. This means that after signing the document, the loan must be issued, and after a specified period, it must be returned.
Step 4
In case of non-return of funds or other valuables, the case is considered in the Arbitration Court with the participation of witnesses and in the presence of a receipt or agreement. The limitation period for the loan is 3 years from the date of the last payment specified in the document.
