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Interest-free loan agreement from the founder: legal advice, form and sample form

An interest-free loan agreement from the founder (member of the company) is a fairly popular type of agreement in the business sphere. Such a document has several advantages. Let us consider in more detail what constitutes a contract interest-free loan from the founder. A sample document will also be described in the article. interest-free loan agreement from the founder

Benefits

First of all, the transfer of funds is carried out on a refundable basis. This means that taxation does not apply to the proceeds provided by the interest-free loan agreement from the founder. Another important advantage of the document is the fact that the use of funds does not need to be deducted%. However, in order to take full advantage of such an agreement, you must know how to draw it up. Any inaccuracy or mistake in the document can lead to extremely unpleasant consequences for both parties.

Key Points

In interest-free loan agreements between the company and the founder, both the company and its participant can act as a lender. The same goes for the party that accepts the funds. If the financing comes from the founder, accordingly, the organization acts as the borrower. The main feature of such an agreement is the absence of the need to pay additional amounts. The only financial condition in this case is the return of the main debt. In order for the interest-free loan agreement from the founder to become truly gratuitous, an appropriate provision should be included in it. Otherwise, the accrual of% will begin on the amount of the principal debt. This will be carried out in accordance with Art. 809 Civil Code. interest-free loan agreement from the founder

Requisites

What should you pay attention to first when drawing up an interest-free loan agreement from a founder? The agreement form must include information on the parties to the transaction. One of them is an individual. It is necessary to indicate his name, address and passport data. The second side is the legal entity (borrower). In the interest-free loan agreement from the founder all the details of the company are entered. These include: name, legal address, contacts, legal form. In the same section, the name of the founder of the company is indicated. interest-free loan agreement from the founder of a company participant

Wording

In practice, an interest-free loan agreement from a founder often starts with a typical phrase. At the same time, the legislation does not prohibit specifying the same person twice when preparing a document. The beginning of the agreement may be as follows: "I. A. Ivanov, referred to as the Lender, and LLC EfBe represented by the director I. A. Ivanov, acting in accordance with the charter, referred to as the Borrower ...".

Subject of Agreement

This part prescribes the amount of the most interest-free loan. Agreements, as well as in the previous case, usually use typical phrases. For example, you can write: "The Lender transfers to the Borrower an interest-free loan in the amount of __ rubles." It should be noted that the amount should be indicated in words. In addition, in a separate paragraph, you can highlight the condition of the loan: "Interest on the use of funds are not charged." In the same section, you should also indicate the period during which the amount issued must be returned. interest-free loan agreement from the founder taxation

Rights and obligations

In the interest-free loan agreement from the founder, it is necessary to include the condition that the party accepting the funds is obliged to return them within the period indicated in the paragraph (paragraph number by agreement). Since the transfer of funds is free of charge, the rights can indicate the possibility of early repayment without performing any additional procedures. The obligations of the founder can include the following phrase: "The lender agrees to provide funds within __ days from the date of signing the agreement."

Final provisions

This section indicates the dates when the agreement is considered concluded, when the transferred funds will be considered returned. In addition, the final provisions prescribe the number of copies of the contract, the conditions under which it is allowed to make additions or changes, and so on. At the end of the agreement, signatures of both parties and details are put. Information about the borrower in this case includes the name of the company, bank information, name of the founder and address of the company. The person acting on behalf of the enterprise puts his signature with the decryption next to this information. interest-free loan agreement from the founder

Additionally

In general, it should be said that the form of an interest-free loan agreement differs little from other agreements of this type. A significant difference in this case is the subjective composition. The parties to the contract are the founder and the company. Additional documents may be attached to the agreement. In particular, in applications, there may be a schedule for the provision of funds, a payment scheme. In the case of an extension of the contract, an additional extension agreement may be drawn up. interest-free loan agreement from the founder

Classification

There are two main categories of such agreements: short-term and perpetual. In the first case, the contract is concluded for a short period of time. Usually it is no more than a year. In perpetual agreements, information about the term is missing. In a short-term contract, the condition for the duration of the period of use of funds acts as the main one. In the remaining paragraphs, this type of agreement is similar to others. In case of lack of funds from the Borrower at the time of debt repayment, it is allowed extension of the contract. In this case, as a rule, the payment schedule is revised. The parties conclude an additional agreement and a new agreement. The latter indicates that the previous document has expired. A perpetual agreement has its own specifics. The return of funds on it is carried out at the request of the lender. He sends a corresponding notice to the debtor. After receiving a request, the borrower has a month to pay off the debt.

Pay

The contract should describe the procedure in accordance with which the refund will be made. Debt can be repaid at a specific time period in equal parts (for example, every month). For this order, an appropriate schedule is drawn up. It must be performed in duplicate (one for each side). The obligation will be deemed settled after crediting the amount transferred to the account of the founder.


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