How to borrow money? It would seem that there is nothing simpler: the interested parties discussed the loan amount, the term for its repayment, shook hands and parted. However, an oral transaction is fraught with unpleasant consequences for the lender in the case when the borrower for some reason is not able to repay the debt or deliberately neglects his obligations to repay the borrowed amount. In order to avoid complications, in some cases, you should arrange the transaction accordingly.
You will need
Civil Code of the Russian Federation
Instruction manual
1
First of all, determine what form you will use when entering into a loan agreement. A verbal or written form of a loan agreement is possible; the choice of form depends on the specific conditions of the transaction, such as the size of the loan amount and the status of the lender (individual or legal entity).
2
If the loan amount does not exceed ten times the amount of wages, that is, 1000 rubles, the loan agreement can be concluded orally. This condition applies only to cases where the lender is an individual. When concluding such an oral loan agreement, make sure that eyewitnesses are present when making the transaction. Their evidence may be needed if you decide to challenge the transaction in court.
3
If the loan amount is at least ten times the minimum wage, enter into a loan agreement in writing. In the most basic case, to confirm a loan agreement between citizens, use a simple written form in the form of a receipt.
4
Make sure that the receipt indicated that a certain amount of money was transferred by one person and received by the second. The debt receipt should also indicate the surname, name, patronymic of the borrower, his passport details, registration address, loan amount, maturity date, date of receipt of the receipt and data of the lender. Using such a document, the lender has the right to rely on the repayment of the loan amount in the court if complications arise.
5
If you, as a lender, want to get even greater guarantees, issue the loan agreement in writing. But in the case when the lender is a legal entity, an oral transaction and a simple receipt are unacceptable, it is necessary to complete the contract in full form. In the contract, write down the details of the parties, the size of the loan, the procedure for its repayment, indicate the interest for using the loan and the responsibility of the parties for violation of the terms of the contract. The receipt of funds may serve as an appendix to the written loan agreement. However, in practice, especially when the loan amount is small, individuals prefer to issue one receipt when concluding a loan agreement.
6
When drawing up a receipt, pay attention to such a detail: the text should clearly reflect the fact of the transfer of funds, that is, the document should contain the words "money transferred and received." Finish the receipt with the words that the borrower has no claims to transfer the amount to the lender. If you do not comply with this condition, it may be difficult to consider the case in court, if the case comes to trial.
7
If you wish, you can certify a written loan agreement with a notary, however, the law does not oblige this.
