Friendly Loan Agreement for India

Friendly Loan Agreement Template for India

A Friendly Loan Agreement under Indian law is a legally binding document that formalizes a loan arrangement between individuals who typically have a personal or social relationship. This agreement, while less formal than commercial loan agreements, incorporates essential elements required under the Indian Contract Act, 1872, and relevant state laws. It details the loan amount, repayment terms, any applicable interest, and basic rights and obligations of both parties. The document balances legal enforceability with maintaining the amicable nature of the arrangement, providing clear terms while avoiding overly complex commercial lending provisions.

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What is a Friendly Loan Agreement?

The Friendly Loan Agreement is designed for situations where individuals in India wish to formalize a personal loan arrangement while maintaining the informal nature of their relationship. This document becomes relevant when friends, family members, or acquaintances agree to a loan transaction and want to ensure clear understanding and legal protection for both parties. The agreement complies with Indian contract law requirements while remaining simpler than commercial loan documents. It includes essential elements such as loan amount, repayment schedule, any interest charges, and basic obligations of both parties. The document helps prevent future misunderstandings and provides a legal framework for the loan while acknowledging the personal relationship between the parties. It's particularly useful for loans that exceed nominal amounts but fall below the threshold where commercial lending would be practical.

What sections should be included in a Friendly Loan Agreement?

1. Parties: Identification of the Lender and Borrower with their full legal names, addresses, and contact details

2. Background: Brief context of the friendly loan arrangement and the relationship between parties

3. Definitions: Definitions of key terms used in the agreement

4. Loan Amount and Purpose: Specification of the loan amount and intended purpose of the loan

5. Interest Rate: Details of any interest rate applied (if applicable) and calculation method

6. Repayment Terms: Schedule of repayment including payment dates, installment amounts, and payment method

7. Prepayment: Terms and conditions for early repayment of the loan

8. Default: Definition of what constitutes default and consequences thereof

9. Representations and Warranties: Basic statements about the parties' capacity to enter into the agreement

10. Governing Law: Specification that Indian law governs the agreement

11. Dispute Resolution: Process for resolving any disputes between parties

12. Execution: Signature blocks and execution details

What sections are optional to include in a Friendly Loan Agreement?

1. Security: Details of any assets provided as security for the loan - include only if collateral is being provided

2. Late Payment: Specific terms regarding late payments and any penalties - include if parties want formal late payment terms

3. Death or Incapacity: Provisions for what happens if either party dies or becomes incapacitated - recommended for larger loans or longer terms

4. Assignment: Terms regarding whether the loan can be assigned to other parties - include for larger loans

5. Witnesses: Section for witness details and signatures - include if additional formality is desired

6. Guarantor: Details of any guarantor and their obligations - include only if a third party is guaranteeing the loan

What schedules should be included in a Friendly Loan Agreement?

1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Schedule 2 - Security Details: Detailed description of any security/collateral provided (if applicable)

3. Appendix A - Payment Instructions: Bank account or other payment details for loan disbursement and repayment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant Industries

Personal Finance

Real Estate

Small Business

Education

Healthcare

Retail

Agriculture

Professional Services

Technology

Manufacturing

Relevant Teams

Legal

Finance

Compliance

Risk Management

Document Management

Client Relations

Administration

Operations

Advisory Services

Wealth Management

Relevant Roles

Personal Financial Advisor

Legal Counsel

Compliance Officer

Financial Controller

Account Manager

Risk Manager

Tax Consultant

Wealth Manager

Estate Planner

Document Manager

Legal Administrator

Relationship Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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