There are no peculiarities in obtaining a loan with a founder. The loan agreement is drawn up on a general basis, in accordance with Chapter 42 of the Civil Code of the Russian Federation. If the founder is at the same time the head of the organization, then he signs the agreement both as an individual - the Lender, and as the head of the organization - the Borrower. The main provisions of the loan agreement:
Written form of the contract. In this case, there is no need for notarization of the agreement, since the agreement is certified by the seal of the organization - the Borrower.
Establishment of interest on a loan. The loan agreement is one of the paid agreements, and the legislator provides the opportunity to establish interest for the use of borrowed funds. If you draw up an interest-free contract, this should also be directly indicated in the contract. If you set interest, then their size and payment procedure should also be reflected in the document.
Indicate the procedure for transferring borrowed funds. This is the deposit of money to the cashier of the organization, or transfer to the account. A supporting document must appear in the Borrower's accounting department, confirming the fact of transferring the loan amount.
It is advisable to set a loan repayment period, otherwise, if the repayment period is not established by the contract, the loan amount must be returned within thirty days from the moment the founder submits a return request.