Sample loan agreement for the purchase of housing. Targeted loan agreement: sample design. Accounting for borrowed funds

25.11.2019

We embroider a Slavic amulet with a cross

Name Vitaly - meaning, fate and character

A loan agreement for the purchase of an apartment is a type of targeted loan agreement. According to this document, the lender transfers the ownership of funds to the borrower for the purchase of an apartment. And the borrower undertakes to use the loan received for the agreed purpose and repay it within a certain period of time.

Since such the agreement relates to the target, then, according to the current Civil Code of the Russian Federation, the borrower still has additional obligations to report to the lender about the intended use of the loan. And the lender has every right to control how the loan is used. If the borrower prevents him from exercising control over the expenditure of the loan or the lender becomes aware of their misappropriation, then he has the right to terminate the agreement and request that the loan be repaid early, including interest calculated for the entire term of the agreement (and not until the discovery of violations), unless otherwise not listed in the terms and conditions. Execution of obligations may be secured by collateral.

In Russia, any monetary loan agreement is interest-bearing by default, unless it says otherwise.

Form of loan agreement for the purchase of an apartment

Loan agreements in Russia are concluded in simple writing. Oral form is allowed if both parties are individuals and the loan does not exceed 10 minimum wages. However, given housing prices, this is not possible. Like all loan agreements, this one is considered real and comes into force from the moment the borrower receives the object.

At the request of the parties, it is possible to conclude a pledge agreement.

Storny

Traditionally, the parties to such an agreement are usually a legal entity (credit institution) and a citizen. However, according to the law, any party to the agreement can be subjects with any legal status: legal entity, individual, including individual entrepreneurs.

In any sample loan agreement for the purchase of an apartment should be the following:

subject - cash indicating the amount;
obligation to repay the debt at a specified time;
target. It should be indicated here that the funds accepted will be used to purchase residential premises, namely an apartment;
amount and procedure of interest charges. If this is not specified, then it will be equal to the value of the refinancing rate of the Central Bank of the Russian Federation;
details of participants;
rights and obligations of the parties;
Force Majeure;
dispute resolution;
signatures of participants.

Attachments to a targeted loan agreement for the purchase of an apartment

Standard applications often indicate loan provision and repayment schedules. The amount and date of provision/repayment of the loan money are recorded on their forms in special tables.

Another essential document is acceptance certificate. It indicates the date and place of transfer of money, the amount, details of the participants and their signatures. If both the lender and the borrower are individuals, writing a promissory note is allowed. The receipt records the fact of acceptance of the borrowed money, when it was done and the signature of the recipient. At the same time, the receipt has no less legal force than the act of acceptance and transfer of funds and, in the event of litigation, will be a powerful document to protect the interests of the lender.

A targeted loan agreement between legal entities allows you to establish a specific object for the financing of which the borrower receives funds in a certain amount. The use of money to pay for material or intangible benefits not specified in the contract is not permitted. In our article you will find information about the essence and content of such an agreement, as well as familiarize yourself with an example of its preparation.

Targeted loan agreement between legal entities (concept and essential terms)

A targeted loan agreement is an agreement in which one party (the lender) transfers to the second party (the borrower) funds or other tangible benefits intended for the acquisition of certain property or intangible assets. In this case, the borrower, in accordance with paragraph 1 of Art. 814 of the Civil Code of the Russian Federation, is obliged to provide the lender with the opportunity to monitor the process of spending targeted funds throughout the entire term of the agreement. If the borrower used the funds he received for other purposes, the lender may contact him with a demand for early repayment of the debt and payment of a penalty, the amount of which is determined at the stage of concluding the agreement.

The essential terms of the targeted loan agreement are:

the subject of the loan is money or other valuables that the lender transfers to the borrower;
the purpose of obtaining borrowed funds, for the achievement of which the borrower enters into an agreement with the lender.

According to the general rule established by paragraph 1 of Art. 808 of the Civil Code of the Russian Federation, an agreement in which a legal entity acts as a lender must be concluded in writing.

At the end of the targeted loan agreement, the borrower must pay the lender the full amount of funds received as a loan, as well as pay a reward for the use of these funds in the amount of a certain percentage of the total loan amount.

Sample of filling out a targeted loan agreement

When preparing a targeted loan agreement, you can rely on the example below of its preparation:

Loan agreement No. 51

Saint Petersburg

29.06.2017

Neo-tranche LLC (hereinafter referred to as the Borrower), represented by General Director Gennady Petrovich Narvatov, and Credit-Alliance LLC (hereinafter referred to as the Lender), represented by General Director Igor Valentinovich Pavlushkin, entered into an agreement as follows:

1. Subject of the agreement

1.1. The Lender provides the Borrower with funds in the amount of 475,000 (four hundred seventy-five thousand) rubles for the purchase of computer equipment and components for it.

2. Procedure and conditions for granting a loan

2.1. For using the loan, the Borrower pays the Lender 11.4% (eleven point four percent) per annum of the amount actually received by him. In case of failure to comply with the deadline for making the next obligatory payment, the Borrower shall pay a fine in the amount of 0.15% (zero point fifteen percent) per annum of the amount of the debt not paid on time.

2.2. Mandatory payments are transferred to the Lender's current account monthly, no later than the 24th day of each month, in accordance with the payment schedule presented in the appendix to this agreement.

3. Rights and obligations of the parties

3.1. The borrower is obliged:

3.1.1. Use the funds received exclusively for their intended purpose.

3.1.2. At the request of the Lender, provide all necessary documents confirming the fact that the loan received by him was used for its intended purpose.

3.1.3. Timely transfer mandatory payments to the Borrower's current account.

3.2. The borrower has the right to repay his debt obligations ahead of schedule by paying the principal amount of the loan, as well as interest accrued during its actual use.

Don't know your rights?

3.3. The lender has the right:

3.3.1. At any time, send a request to the Borrower to receive papers confirming the fact of using the borrowed funds for their intended purpose.

3.3.2. Collect the entire loan amount, as well as interest payable for the entire period of use of the money, ahead of schedule and in full if the Borrower violates subclause. 3.1.1 of the agreement.

3.4. The Lender is obliged to transfer to the Borrower the funds due to him within one day from the moment of signing the agreement.

4. Contract time

The Agreement begins to be valid on June 29, 2017 and terminates on October 28, 2019.

LLC "Neo-tranche"

Legal address: Leningrad region, Vyborg, st. Suvorova, p. 5, of. 71

TIN 235895147831, KPP 542365981, OGRN 1247893101452

General Director: Gennady Petrovich Narvatov

Date: 06/29/2017

Signature: (signature)

LLC "Credit-Alliance"

Legal address: St. Petersburg, Ligovsky Prospekt, 54, office. 5

TIN 254875102135, KPP 451039758, OGRN 1247801248756

General Director: Pavlushkin Igor Valentinovich

Date: 06/29/2017

Signature: (signature)

So, a feature of a targeted loan agreement is that one party provides funds to the other party, subject to spending them on certain purposes. As a rule, the use of money received for other purposes is grounds for terminating the contract before the end of its validity period and demanding from the debtor the entire loan amount, as well as interest that should have been paid for the entire period of the contract. It is also possible to impose other penalties on him.

AGREEMENT N _____

targeted cash loan with an individual

_______________ "__"___________ ____ Citizen of the Russian Federation _____________________________, hereinafter referred to as__ (full name of the citizen) hereinafter referred to as the "Lender", on the one hand, and ____________________________, (name of the organization) hereinafter referred to as the "Borrower", on the one hand person _________________________________, (position, full name) acting___ on the basis of ______________________________, on the other hand, (Charter, power of attorney) collectively referred to as the “Parties”, individually the “Parties”, have concluded this Agreement (hereinafter referred to as the “Agreement”) on as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lender transfers to the Borrower the ownership of funds in the amount of _____ (_________________________________________________________) rubles (hereinafter referred to as the “Loan Amount”), and the Borrower undertakes to return the specified Loan Amount and pay interest on the Loan Amount in the amount and within the time limits specified in the Agreement.

1.2. The interest rate under this Agreement is _____% of the Loan Amount in ________________________.

(specify period) 1.3. The loan amount must be used by the Borrower for _ (indicate the purposes for which the loan amount will be used: for the purchase of certain things or for other purposes) 1.4. The Borrower is obliged to ensure that the Lender can exercise control over the intended use of the Loan Amount by ____________________. (notifications to the Lender about the procedure for spending the Loan Amount with the presentation of supporting documents, provision of information requested by the Lender about the intended use of funds with supporting documents)

2. PROCEDURE FOR PROVIDING AND RETURNING THE LOAN AMOUNT

2.1. The Lender transfers the Loan Amount to the Borrower by “__”___________ ____.

The moment of transfer is considered to be the moment the Loan Amount is credited to the Borrower’s bank account.

Option: The moment of transfer is considered to be the moment the Loan Amount is deposited into the Borrower's cash desk.

2.2. Confirmation of the transfer of the Loan Amount to the Borrower's bank account is a copy of the payment order with the bank's mark on execution.

Option: Confirmation of the deposit of the Loan Amount to the Borrower's cash desk is a cash receipt order issued to the Lender.

2.3. The Borrower shall repay the Loan Amount in full no later than “__”___________ ____.

2.4. The loan amount may be repaid by the Borrower ahead of schedule with the consent of the Lender.

3. PROCEDURE FOR CALCULATION AND PAYMENT OF INTEREST

3.1. Interest for the use of the Loan Amount specified in clause 1.2 of this Agreement is accrued from the day following the day of provision of the Loan Amount in accordance with clause 2.1 of the Agreement until the day the Loan Amount is returned in accordance with clause 2.3 of the Agreement, inclusive.

3.2. Interest for the use of the Loan Amount is paid no later than the _____ day of each month, starting from the month following the month of provision of the Loan Amount. Interest accrued for the last period of use of the Loan Amount is paid simultaneously with the repayment of the Loan Amount.

Option: Interest for using the Loan Amount is paid simultaneously with the repayment of the Loan Amount.

4. RESPONSIBILITY OF THE PARTIES

4.2. Collection of penalties does not relieve the Borrower from fulfilling obligations in kind.

4.3. If the Borrower fails to comply with the terms of clause 1.3 of this Agreement on the intended use of the Loan Amount, as well as the conditions provided for in clause 1.4 of this Agreement, the Lender has the right to demand from the Borrower an early return of the Loan Amount and payment of interest due.

5. FORCE MAJEURE

5.1. The parties are released from liability for failure to fulfill or improper fulfillment of obligations under the Agreement due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: ___________________________________ ________________________________________________________________________________.

(list force majeure circumstances)

5.2. If the circumstances specified in clause 5.1 of the Agreement occur, the Party is obliged to notify the other Party about them in writing within _____ (__________) days. The notice must contain information about the nature of the circumstances, the expected duration of their validity and termination.

5.3. If a Party does not send or untimely sends the notice provided for in clause 5.2 of the Agreement, then it is obliged to compensate the other Party for losses incurred by it.

5.4. In cases of the occurrence of circumstances provided for in clause 5.1 of the Agreement, the period for fulfilling obligations under the Agreement is suspended for the time during which these circumstances apply.

5.5. If the circumstances listed in clause 5.1 of the Agreement continue to apply for more than ____________________, then each Party has the right (specify the period) to terminate the Agreement unilaterally.

6. DISPUTE RESOLUTION

6.1. The parties will strive to resolve all possible disputes and disagreements that may arise under the Agreement or in connection with it through negotiations.

6.2. Disputes that are not resolved through negotiations are referred to the court in the manner established by the current legislation of the Russian Federation.

7. CHANGE, EARLY TERMINATION AND TERMINATION OF THE AGREEMENT

7.1. All changes and additions to the Agreement are valid if made in writing and signed by duly authorized representatives of the Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

7.3. The Agreement may be terminated early by agreement of the Parties or in another manner and on the grounds provided for by the current legislation of the Russian Federation.

7.4. The Agreement shall terminate in the event of proper and full fulfillment by the Parties of the obligations stipulated by the Agreement.

8. FINAL PROVISIONS

8.1. This Agreement comes into force from the moment the Lender transfers the Loan Amount to the Borrower in the manner provided for in clause 2.1 of the Agreement.

8.3. The Agreement is drawn up in two copies, one copy for each of the Parties.

8.4. For all other issues not regulated by this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

9. ADDRESSES, SIGNATURES AND DETAILS OF THE PARTIES

Lender Borrower Citizen of the Russian Federation _______________________ Name: _______________________ (Full name of the citizen) Address: _____________________________ Passport: series _____ N ____________, OGRN _______________________________ issued by _____________________________, TIN ________________________________ (when, by whom) Checkpoint ________________________________ resident at the address: _________ R /s ________________________________ _____________________________________ in ___________________________________ K/s ________________________________ BIC ________________________________ OKPO ________________________________ ______________ (___________________________) ______________ (___________________) M.P. M.P.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

When there is a certain goal, it is worth achieving it! But sometimes there are not enough funds to achieve it.

You can get a targeted loan! Let’s look further at how to do this correctly in 2019.

What it is

A loan is a financial relationship between parties that consists of issuing the required amount or thing on credit, that is, for a certain time and at a certain interest.

There are gratuitous ones, that is, without interest. In this case, the client must return exactly as much as he borrowed. There is no profitability of the transaction.

There are paid ones, that is, with interest. The lender receives a certain percentage for the use of his funds.

Such loans can be either targeted or non-targeted. Targeted is a loan to achieve a specific goal. For example, for apartment renovation. It is designed strictly for a specific purpose.

Its use for any other purpose is prohibited. If the client commits such a violation, the lender has the right to demand termination of the contract and return of funds.

A contract is a written agreement that reflects all the nuances of the upcoming transaction and is signed by both parties, indicating that they agree with the terms.

You can have it certified by a notary, or you don’t have to. In some cases, it needs to be registered with Rosreestr. The purpose of receipt must be stated in the document itself.

Legislative acts

Depending on the purpose of receipt, you can be guided by other “narrow” laws.

For example, if the goal is to buy a home, then you should pay attention to.

Conditions put forward

A prerequisite is that the purpose of the borrowing must be specified in the agreement. The borrower, in turn, must spend the borrowed funds exclusively for these purposes.

It often happens that you need funds to buy a car. He takes out a car loan and immediately buys a car from an accredited car dealership. The purpose of receipt has been achieved - the car has been purchased.

There are documents confirming this fact - payments from the car dealership. The borrower begins to repay the debt according to the scheme specified in the agreement.

Video: what is a targeted loan agreement

Sample target loan agreement

There are general rules for conclusion. They are spelled out in Art. 807-818 Civil Code of the Russian Federation.

These rules include:

Conclusion of an agreement in writing	if the amount exceeds 1,000 rubles, or if one of the parties is a legal entity
Signed by both parties	and certified by seals if the parties are a legal entity
The transaction currency can be either ruble or foreign currency	if the loan is issued in foreign currency, then the document must indicate the exchange rate for calculations, as well as indicate possible changes in the exchange rate due to the economic situation in the country
The loan can be with or without interest	if the lender does not charge the borrower interest for the use of funds, then the agreement must make a direct reference to this fact, all essential conditions must be spelled out

But the targeted loan agreement also has its own nuances:

Existing varieties

There are several types of targeted loan agreements. We can highlight:

Interest-bearing and interest-free	the corresponding note must be made in the document itself. If the amount does not exceed 5,000 rubles or a certain thing is issued as a loan, then it can be interest-free even without a corresponding indication of this
With and without collateral	if there is collateral, then it is necessary either to draw up an additional agreement or to include a condition on securing the loan in the document itself. If the collateral is some kind of real estate, then the document will need to be registered with Rosreestr
Short, medium and long term	Depending on the borrowing period, the target cash loan can be divided in this way. For example, repairs may be short-term, but purchase of housing may be long-term. Interest depends on this

With collateral

If the amount is quite large, then it would be more reasonable to secure it with some property that belongs to the borrower by right of ownership. This will help reduce the borrowing burden - increase the amount and term, and also reduce the rate on it.

Information about the pledge can be submitted in 2 ways:

Separate agreement.
Include in the loan agreement.

Both methods are legal. The collateral does not have to be real estate or expensive property. The parties can reach an agreement on this point. For example, it could be jewelry or an expensive watch.

The subject of the pledge must have its own generic characteristics by which it can be recognized. In order to avoid troubles and misunderstandings, it must be described in detail, and, preferably, assessed by an independent expert.

If an item has some disadvantages or, conversely, advantages, they also need to be indicated. You can issue a separate document - an act of acceptance of the item. It can be drawn up in free form, and it can describe in detail the item being pledged.

What are the purposes of providing

As the name of the loan suggests, it is allocated only to achieve certain goals. In addition, the client must justify his goals.

The most “popular” purposes for providing a cash loan:

buying a property;
buying a car;
education – yours or your children’s;
treatment - your own or your immediate family;
for home renovation.

Some lenders are developing special targeted borrowing programs. Lending conditions are somewhat different from loans without a specific purpose.

There is no need to justify the economic efficiency of the purpose of obtaining a cash loan, but it is necessary to provide the lender with the ability to control its implementation.

It often happens that a loan is issued to satisfy its goals in a certain organization. For example, a citizen needs a loan for dental treatment.

The owner will give him the necessary amount on favorable terms, but with the condition that the borrower will have his teeth treated in a certain clinic. In this way, he simplifies his control function.

For the purchase of housing

This type of borrowing money is now most in demand both among borrowers and lending institutions.

The popularity of this type of lending is as follows:

Loans for the purchase of real estate are “gladly” issued not only by credit institutions, but also by private individuals.

A prerequisite for issuing a loan for the purchase of real estate is the execution of a written agreement describing the collateral. Mortgage, which is what a loan for the purchase of real estate is called, is regulated by its own law No. 102-FZ.

This law states that it is not necessary to draw up a separate agreement. You can give a detailed description of it in the mortgage note. Also, this agreement must be registered with the Rosreestr authorities, since the subject of the transaction is a real estate property.

It must contain the following information:

The client has a limited right to the subject of the agreement - to the purchased property. He cannot dispose of it at his own discretion. The bank's consent to carry out the transaction is required.

In addition, if he decides to redevelop the premises, he will also have to obtain written consent from the bank.

For education

This loan product is not as popular as a mortgage and can only be obtained from large and reputable lending institutions.

As a rule, the borrowers for such purposes are the parents of students, and not the students themselves. The reason is that the student cannot work at full capacity and have sufficient income to repay the loan. Therefore, the debt is issued to the parents.

Typically, the conditions for such borrowing are quite flexible, since lending often occurs with the support of the state.

The optimal conditions for issuing an education loan include:

The main condition for issuing a loan specifically for the purpose of obtaining an education is that the educational institution must be accredited by the Ministry of Education and Science of the Russian Federation.

To receive educational services, you can enter into a targeted loan agreement between an individual and a legal entity, as well as with a private investor.

For construction work

Money borrowed for repairs and construction work is issued according to the same scheme as a mortgage loan. But, there is some difference.

Funds for construction and repairs are issued in several stages. That is, a person receives funds to complete a certain stage of work. He carries out this work, reports to the borrower, and then receives a new tranche.

The lender must constantly monitor the use of funds, and the client must constantly report on the performance of contract work.

As soon as he confirms payment for the services and work of contractors, as well as the purchase of building materials, the person giving the loan will give him the next amount of money.

As a rule, borrowing funds for such purposes occurs under the following conditions:

To achieve such goals, a targeted loan agreement is often concluded between legal entities.

For other needs

A cash loan can be issued for other purposes:

If the target is drawn up, then this must be indicated in the agreement. In addition, it is necessary to indicate the very purpose of receiving funds.

A targeted loan agreement is an agreement, the essence of which is the transfer of money in order to achieve certain goals. This is quite clear from the very name of the agreement.

The purposes for which funds are transferred can be very diverse, such as the purchase of residential premises or vacations spent in another state.

A little about the essence of loans

A target loan should be considered a loan provided for the implementation of any goals. Accordingly, such funds are used only for the purposes specified in this agreement. For the most part, such loans are issued for the purchase of property, renovation of residential premises, and so on.

If a person violates the terms of the agreement, that is, uses the funds for other purposes than their intended purpose, then this will be grounds for unilateral termination of such an agreement; the entire amount was reimbursed ahead of schedule

This can be concluded by individuals as well as legal entities. The agreement has gained the greatest popularity as loans from credit institutions to individuals, as well as among employers and employees.

When concluding such an agreement, the borrower gives the right to constant control on the part of the lender of the purpose of spending the provided funds, or the agreement can be terminated and the lender has the right to demand payment of the entire amount.

Types of targeted loans

This type of loan has a fairly broad classification. Loans can be either interest-bearing or interest-free, with or without certain collateral, for a long term or for a short term.

In fact, this agreement does not differ too much from a simple loan, as a result, in the process of drawing up this document, you can be completely guided by the rules in force when drawing up a simple loan.

These rules include the following: a loan for an amount less than 1,000 rubles. concluded without compliance with written form. When the amount is more than this amount, it is necessary to draw up the document in writing.

When the lender is a legal entity in an agreement, such an agreement must be drawn up in writing. Individual citizens can get by with a simple receipt. The document must be drawn up only in Russian currency, and when a foreign currency is involved in the transaction, it must be translated at the Russian ruble exchange rate.

The agreement will have the force of a legal document only after the transfer of funds has been made, but not from the moment the parties sign such a document.

The agreement in question is a civil transaction; it can be with or without interest. Do not forget about the essential terms of this document: the date when the funds were provided, the amount, interest (if any), specific purposes (what exactly the loan was provided for), sanctions in case of violation of the terms of the agreement. In addition, do not forget to indicate in the contract that one party transferred and the other accepted funds.