The loan agreement - a sample, available for download here, is intended for a particular case when the lender is a bank, and the borrower is an individual. But in this article, you will learn about general order compiling loan agreement what are the essential conditions, what are the consequences of its termination.
What is a loan agreement
Loan agreement, according to Art. 819 of the Civil Code of the Russian Federation, is an agreement under which the lender undertakes to provide a loan, and the borrower undertakes to return the amount received and pay interest and other payments for this, including those related to the provision of a loan.
The lender can be a bank or a non-bank credit organization, the borrower - any person.
Note! A loan is not formally a type of loan agreement. However, some loan rules apply to it (clause 2 of article 819 of the Civil Code of the Russian Federation) - for example, clause 1 of art. 807, paragraph 1 of Art. 809 financial services, approved Presidium of the Armed Forces of the Russian Federation on September 27, 2017).
Completed loan agreement: subject matter and essential conditions
So, the subject of the loan agreement is:
- provision by the creditor Money;
- repayment by the borrower of the amount received, together with interest and other payments, in the manner and within the terms specified in the agreement.
The essential conditions include (clause 12 of the information letter of the Supreme Arbitration Court dated September 13, 2011 No. 147):
- the subject of the agreement;
- loan amount;
- the term and procedure for its provision;
- loan fee ( interest rate);
- loan repayment and interest payment.
Organizations offering lending services must provide a sample of a completed loan agreement. Such a conclusion can be drawn from h.h. 4, 5 art. 5 of the Law “On Consumer ...” dated December 21, 2013 No. 353-FZ (hereinafter referred to as Law No. 353-FZ), according to which lenders at the places of provision of services must provide detailed information on the conditions for the provision, use and return of borrowed funds.
Some of this information is general conditions deals. In the future, they will be reflected in the loan agreement.
The procedure for drawing up a loan agreement
The loan agreement is a consensual bilateral agreement
Risks! A loan agreement must be concluded in writing under pain of invalidity, i.e., it begins to operate from the moment an agreement is reached on the issuance of funds, and obligations under it appear on both sides.
The procedure for drawing up a loan agreement is not regulated in any way, it is established by creditors.
In practice, it looks like this:
- the lender and the borrower discuss the conditions for granting and obtaining a loan;
- the borrower submits an application for a loan, at the request of the lender submits information (documents) on his income and property status;
- the lender considers the received application, makes a decision on issuing a loan;
- parties sign a loan agreement.
After the conclusion of the contract, its actual execution takes place.
Sample loan agreement - 2018 - 2019 with consumers
What does a loan agreement look like?
- General conditions, as indicated in Part 3 of Art. 5 of Law No. 353-FZ, are established by the creditor in unilaterally and subsequently used repeatedly. These include:
- name of the creditor, address of its location, license number;
- the subject of the agreement;
- the procedure for granting a loan (term, method);
- rights and obligations of the parties.
These conditions are accepted by the borrower by joining the loan agreement as a whole (clause 1, article 428 of the Civil Code of the Russian Federation).
- Individual conditions are listed in Part 9 of Art. 5 of Law No. 353-FZ:
- amount provided, currency;
- return period;
- information about payments, the procedure for making them;
- ways of exchanging information between the lender and the borrower, etc.
Termination (change) of the loan agreement
Termination of the loan agreement is possible only in one case - when the borrower fulfills his obligation to repay the debt with interest.
Termination and change takes place according to the general established Ch. 29 of the Civil Code of the Russian Federation on grounds.
Recommended! As stated in paragraph 1 of Art. 451 of the Civil Code of the Russian Federation, the basis for changing (termination) of the contract is a significant change in circumstances. A change in circumstances is considered significant when the parties, if they could have foreseen such a scenario, would not have entered into an agreement.
Note! A change in the exchange rate is not a significant change in circumstances. According to paragraph 8 of Review No. 1, approved. Presidium of the Supreme Court of the Russian Federation on February 16, 2017, the risk of changes in the exchange rate of the debt lies with the borrower.
Who can request a copy of the loan agreement
Among the obligations of the creditor under the contract consumer credit, according to Art. 10 of Law No. 353-FZ, includes sending information to the borrower about the amount of current debt, made and upcoming payments on the loan.
The procedure for sending this information is determined by the parties themselves and indicated in the contract.
This provision corresponds to Part 2 of Art. 26 of the Law “On Banks…” dated December 2, 1990 No. 395-I (hereinafter referred to as the Law on Banks), which guarantees the provision of information to citizens about their own operations and accounts conducted/opened in this credit institution.
Output! It follows from this that the borrower has the right to apply to the creditor for a copy of the loan agreement concluded between them, and the creditor, accordingly, is obliged to issue it.
In the same article 26 of the Banking Law lists who can receive a copy of the loan agreement (a sample of which was presented above) or information from it:
- courts;
- tax authority;
- PFR, FSS;
- FSSP, etc.
Borrower guarantors do not have the right to receive such information (the appeal ruling of the Omsk regional court dated 01.07.2015 No. 33-4285/2015).
With regard to legal entities, there are no special rules on providing a copy of the contract to the borrower; accordingly, this issue can be regulated in the contract itself.
How is a loan repaid?
Loan payments are made in the amount, manner and terms specified in the agreement.
If the amount contributed by the borrower is less than the prescribed amount, then the funds are sent for repayment (see Part 20, Article 5 of Law No. 353-FZ):
- interest debt;
- principal debt;
- penalties;
- current interest;
- current principal debt;
- other payments.
At present, draft law No. 287844-7 has been approved in the first reading, assuming amendments to the above sequence.
This project proposes to extinguish the debt in the following order:
- interest;
- main debt;
- forfeit;
- other payments.
The new procedure will allow borrowers to repay their debts faster. For the creditor, such a procedure, of course, will be less profitable than it is now.
By a loan agreement, a bank or a non-bank credit organization undertakes to provide funds to the applied borrower, and the latter, respectively, to return the borrowed money.
The agreement specifies the procedure for granting a loan, the amount, term, procedure for repaying the debt, etc.
Termination and modification of the contract is possible on general grounds.
in a person acting on the basis of , hereinafter referred to as " Bank”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Borrower”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. The Bank grants a loan to the Borrower for (the purpose of the loan).
2. Overall size credit - rubles rubles.
Credit is provided for payment.
3. The borrower undertakes to repay the loan before "" year.
Loan repayment is carried out by. If funds are not received to repay the loan within the specified period, the loan debt, including interest, is paid to the account of overdue loans and debited from account No. in the bank.
4. For the use of the loan, the Borrower pays a fee in the amount of % per annum.
Interest is accrued and collected by the Bank on a monthly basis after the day of each month in an indisputable manner by collection order from the current account of the Borrower.
The countdown of the interest accrual period starts from the date of disbursement of funds from the loan account and ends with the date of transfer of funds in repayment of the loan to the Borrower's loan account.
In case of non-receipt of funds to the Bank's account to repay the interest due from the Borrower before the date of next month interest on the loan due from the Borrower shall be considered as untimely paid.
In case of violation of the loan repayment term and payment of interest, the Bank charges a penalty in the amount of % of the outstanding amount of the loan debt for each day of delay.
5. The borrower undertakes to fulfill the following obligations:
Submit the following documents to the Bank for registration and issuance of a loan, drawn up in accordance with the current banking practice:
Charter, balance sheet, certificate of state registration;
Term obligation for the amount and maturity of the loan;
A card with sample signatures and a seal imprint, duly certified;
Use the loan received stipulated by the agreement purposes, timely repay the received loan together with accrued interest, give the Bank the right to control intended use loan.
In case of misuse of the loan, as well as failure to comply with other conditions of the agreement, the Bank has the right to present the loan for early recovery.
6. The Bank, guided by the subject of the agreement, undertakes to monthly accrue interest for the use of the loan and collect them from the current account of the Borrower by collection orders.
7. Disagreements arising in the process of fulfilling the terms of this agreement are preliminary considered by the parties in order to develop a mutually acceptable solution with the execution of a bilateral protocol of consideration.
If it is impossible to resolve disputes and disagreements through bilateral agreement they are referred to the authorities arbitration court or court.
8. Neither party has the right to transfer its rights and obligations under this agreement to third parties without the written consent of the other party.
9. This agreement is made in triplicate: the first and third are kept in the Bank, the second - with the Borrower.
This agreement comes into force from the moment of its signing and is valid until the termination of relations under it.
All appendices to the contract are its integral part.
Any changes and additions to this agreement will be valid only if they are made in writing and signed by both parties.
This agreement may be terminated unilaterally and upon prior notice to the Borrower, provided that he repays the loan in full, together with interest on it.
The party for which it has become impossible to fulfill obligations under the contract is obliged (no later than days from the moment of their occurrence) to notify the other party in writing in order to make an appropriate decision.
9. DETAILS AND SIGNATURES OF THE PARTIES
Bank
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Borrower
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
When formalizing a loan relationship, the most important condition is the drawing up of an agreement. Knowledge of what points to pay attention to when approving your application is essential. There is no single model of a banking agreement on credit relationships, and this must be remembered.
The procedure for drawing up a loan agreement
Before you start the procedure for drawing up a loan agreement, you should carefully study the standard template. You also need to understand whether the conditions of the bank for lending are suitable for you, whether you can fulfill your obligations properly on your part.
The contract is drawn up in the following order:
- Prescribed general provisions agreements.
- The section on the rights and obligations of the parties is filled out.
- Responsibility is prescribed credit institution and borrower.
- The terms of the relationship are indicated.
- Sign provisions on fines and penalties in case of improper performance of obligations.
- The order of calculations is determined.
- Other conditions apply.
- The details of the parties and information about them are reflected.
All the nuances of the agreement must be determined on the spot, during the development and preparation of the document. After the borrower and the bank specialist have determined all the provisions of the document, it remains only to sign it by both parties and begin to fulfill their obligations.
Subtleties when drawing up a loan agreement
This document must contain details of the parties that will be involved in the credit relationship. These include Bank details and passport information. It is also worth indicating the amount of the loan along with the conditions for withdrawing funds in cash. It is also necessary to check the assumption of the amount for opening an account, as well as commissions for the use of money. It is from these components that will depend on what will be financial condition for the next period of time.
Mandatory prescribing interest on time credit relations. The main task of the client is to remind the bank employee that interest can be calculated depending on the term of the agreement. It is also worth checking whether the full amount of the loan is indicated. Commission and interest rate will be determined based on the borrower's QI.
The contract must also include a description payment schedule. There may be two versions debt obligation – .
It is also worth including in the contract a clause on liability for late payments. Exists banking institutions, which prescribe in the contract a clause on the withdrawal of funds from third-party accounts of the debtor in case of violation of contractual obligations.
You can also set conditions early repayment debt obligations, together with the conditions for terminating the agreement. When concluding a loan agreement, it is necessary to check whether penalties for early repayment or commission payments are charged. Certain lending institutions may include a clause on the bank's ability to seize the borrower's property if the debt is not paid.
Healthy. All provisions of the contract are in a standard sample. If you study them in detail, you can avoid further difficulties in relations with the bank. Incomprehensible phrases and terms should be clarified with specialists on the spot.
Fraud in the preparation of a loan agreement
Credit fraud can target both the lender and the borrower. In the first case, the scam looks like this:
- Registration according to forged documents and "fake" certificates. The borrower may put on makeup before going to the bank to get a loan for a non-existent person.
- Slight misrepresentation. A great way to recognize an agreement on the performance of debt obligations as illegitimate and issue a refusal to pay the debt.
- Obtaining a loan upon subsequent protest. A protest is filed against the legality of its issuance if there is a statement about the loss of a passport or its theft, during which borrowed money was received.
- Registration of an enterprise and falsification of its activity. It is done to obtain borrowed funds for small businesses. The firm in these cases either disappears or does not exist at all.
Loan agreement between VTB 24 and Sberbank
Differences between loan documents there is actually no information on repayment of loans to customers from VTB 24 and Sberbank. As a rule, all standard provisions and clauses are spelled out in both contracts. Also, the institutions are similar in that they do not change or supplement the clauses in their agreements, since, according to CEOs banks, their contracts are impeccable and contain all the necessary information.
Interesting. According to customers' opinions consumer lending, it is Sberbank and VTB 24 that are leaders in the approach to processing a loan transaction. Clients have virtually no questions, because everything is perfectly explained before signing the contract, as well as loan officers several times independently pronounce the conditions.
The impeccability of the standard loan agreement with these banks guarantees the absence of fraud on the part of banks. By the way, according to statistics, over the past year, cases of fraud in these banks have declined sharply - at Sberbank by 42%, at VTB 24 - by 33%. This suggests that these institutions regularly work not only to improve the quality of customer service, but also to improve their own security.
Position
The document, which will be discussed in this article, is of great interest to the vast majority of citizens. After all, such an agreement is the basis for entering into a relationship with a credit institution. All subsequent actions (on both sides) will be governed by this act. Next, we will analyze the structure of such a paper, and also indicate the basic rules for its conclusion.
Loan agreement and essential terms of the loan agreement of Sberbank
The characteristic of the paper has a certain set of conditions, which are usually designated as essential, and they are applicable both with the standard forms of Sberbank and the forms of any other credit institution of the Russian Federation. Practice shows that the content of the contract includes some elements, in the absence of which it will not make logical sense. These positions include the following:
- loan amount (in individual cases it is listed as the subject of an agreement);
- interest rate;
- provisions on the loan repayment procedure (or schedule);
- liability (penalty accruals in case of non-fulfillment of obligations);
- details and other data of each party.
Those. standard contract() Sberbank or the signed agreement must contain the above conditions. It is they who are essential for the borrower, and in some cases for the guarantor.
Loan agreement and its content in accordance with the Civil Code of the Russian Federation
Such information is indicated in Article 820 of the Civil Code of the Russian Federation. Of the main requirements for an agreement concluded with Sberbank or another bank of the Russian Federation, it can be distinguished that it must (without exception) be concluded only in writing (the form can be arbitrary, or it can use a standard form). Failure to comply with this imperative provides for the complete nullity of the agreement. Wherein, civil law has no distinction as to whether the paper is concluded with an individual or an institution. The requirement is mandatory for everyone. The signing takes place with the full interest of the parties.
An example of a loan agreement -
As we indicated above, the sample for all institutions without exception is the same. Those. such banks as "Russian Standard", "Home Credit" and others have a single procedure for compiling in accordance with the Civil Code. The same applies to Bank No. 1, whose credit papers do not have a significant difference from the rest. If you are interested in where to view the completed document, then you can do this on the official resource of the institution.
VTB 24 loan agreement - and the procedure for filling out
VTB 24 is the second in the official register of institutions, and the conditions and features here, regarding the content of the concluded acts, are also no different from all other cases, including the example of Sberbank. Website financial institution contains many examples of agreements, as well as samples of applications to be submitted (for example,). You can also download them for free here.
Termination of a loan agreement with a bank at the initiative of the borrower, how does it happen?
The law indicates that any contract / agreement, it does not matter if Sberbank or VTB 24 can be terminated under certain circumstances, however, it is important to consider the procedure.
Theoretically, the agreement can be terminated early, and the borrower has such a right. But many are not in vain interested in how to terminate a credit act with a bank unilaterally, because. here serious difficulties can arise.
Firstly, the termination of the act unilaterally must have special grounds. This moment is very important, because. you cannot simply terminate an existing document at will. For example, the circumstance when there is nothing to pay is not a possible reason. Secondly, in most cases, it is terminated at the initiative of the institution. But in both cases it happens through the judiciary.
Application for termination of a loan agreement with a bank - the procedure for drawing up
A person to carry out this procedure must submit an application in relation to the institution. It is advisable to do this to the board, indicating the reasons that caused such a decision. The answer usually comes the next day, and in most cases, it is, of course, negative. The possibility of such consequences as debt collection by Sberbank or others, cession, judicial stage, etc. extremely large.
02/18/2019, Sasha Bukashka
A Sberbank loan agreement is an agreement under which a bank allocates credit (borrowed) funds to a citizen, and the citizen undertakes to return them with interest in the agreed manner. Let's figure out what this most important financial document hides and what nuances you should pay attention to Special attention when signing.
A bank loan is a transaction between a citizen-borrower and a bank, which has registration rules regulated by Civil Code and other laws. The main document in this case is the loan agreement. The Civil Code of the Russian Federation regulates that it must be drawn up in writing and signed by all parties to the transaction. The terms of such a document are binding, therefore, maximum attention must be paid to its content even before signing. After all, then it will be almost impossible to cancel or change something.
The concept of a loan agreement
A loan agreement is a written agreement on the allocation of money by a bank for the needs of a borrower (citizen or organization) subject to certain conditions. For example, a mortgage or buying a car. Or you just need money to go to the store (). The conclusion and signing of this document regulates. The agreement must have a clear structure, which is not fixed by law, but must necessarily include a number of essential conditions. In particular, it must contain sections such as:
- essence of the transaction (preamble);
- subject of the contract;
- loan terms: amount, interest and terms;
- obligations of both parties: the lender and the borrower;
- the rights of the borrower and the lender;
- loan repayment terms;
- the responsibility of the parties;
- conditions for resolving disputes;
- details of the lender and the borrower.
The agreement must also have a number, the date of its signing and the signatures of both parties to the transaction. Before concluding a loan agreement, you should carefully read it. If necessary, changes can be made to the text, because the borrower is not required to sign a document that does not suit him. Usually the beginning of the agreement looks something like this (a sample loan agreement of Sberbank with an individual is presented):
Essential terms of the loan agreement
Like every document, an agreement with a bank on a loan has main and additional clauses. For example, in absolutely any such agreement, the amount of money that the bank lends must be indicated. Its size and the interest that the borrower will pay for the use of finance must be agreed upon; without this essential requirement, the transaction simply will not take place. It is also legislated that important point is an:
- the amount of your loan;
- interest rate (per year);
- order and terms of repayment;
- the full cost of the loan.
As a rule, these items cannot be changed unilaterally. A mortgage loan agreement, a car loan or a regular consumer loan assumes their presence. But the text of the document for different banks will differ significantly. For example, this concerns the principle of debt repayment. There are two ways…
- when interest is calculated immediately for the entire period of using the loan and payments are broken down so that they are the same throughout the entire period of repayment of the loan. This is less profitable than differentiated payments, since at first the borrower pays small parts of the principal, so the amount of interest for the entire time of using the loan is greater.
Differentiated method - in this case, only the loan amount is divided into equal parts, so the amount with each payment is reduced by reducing the debt and reducing interest on the balance. Banks usually do this with mortgages or car loans. It is less common in consumer loans.
For example, a sample Sberbank consumer loan agreement contains the following clause:
In addition, it is very important in what conditions the early repayment of the loan occurs. For example, the Tinkoff Agreement Credit card usually involves the possibility grace period, during which the borrower has the right to return funds to the card without interest, i.e. use them for free. But usually you need to ensure that the bank does not require additional fees or fines for early repayment of the loan.
By the way, the procedure for calculating commissions on a loan is also very important. Also in the agreement there is often a provision for a loan, for example, or a surety. However, in this case they are issued separately.
Pitfalls: what to pay special attention to
When you are given a loan agreement to sign (sample of Sberbank), you need to read it carefully. If the loan amount is rather big, and you are afraid that your knowledge will not be enough to fully understand the document, invite a specialist with you to the deal. If this is not possible, attention should be paid to full cost loan. It is very important that the percentages are detailed, as well as all additional commissions (if any). It is important to carefully read all the fine print in the text, because it is in it that bankers often try to hide unfavorable conditions. The document should not contain phrases that can be interpreted in different ways, such as “gross violation” or similar evaluative concepts.
It is very important to study the point in which cases the bank has the right to apply penalties or even demand early repayment of the debt. The annex to the agreement must contain repayment schedules and addresses of credit and other organizations through which you can pay without additional commission. The main thing to remember is that if something does not suit you in the text, inform the manager at the bank about it. It is possible that your comment will be taken into account. If you absolutely do not like the text, and the obligations do not fit, no one has the right to force you to sign it.
No less important is the fact that if it is not needed.
Termination of the loan agreement
The question of how to terminate a loan agreement with a bank does not often concern borrowers. After all, this automatically means early and one-time return of the entire loan amount. It usually occurs when it turns out that some clauses of the agreement, for one reason or another, turned out to be unacceptable for a person, but he found out about this after signing the documents. Sometimes the bank agrees to termination after the debt is repaid, but most often this issue has to be resolved in judicial order, and that's another story. The borrower can unconditionally terminate the transaction only if the bank did not give him the money, or did not give it in full.
Example of a loan agreement
A little higher, we showed you what a sample 2019 Sberbank loan agreement looks like for individuals. You can download a file with such a sample under the text of the article.
