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1. Parties: Identifies the family member providing the loan (Lender) and the family member receiving the loan (Borrower), including full legal names and addresses
2. Background: Brief context explaining the familial relationship and purpose of the loan
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount being lent and its intended use
5. Interest Rate: States the agreed interest rate, ensuring compliance with IRS Applicable Federal Rate (AFR) and state usury laws
6. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and duration
7. Method of Payment: Specifies acceptable payment methods and payment processing details
8. Prepayment: Confirms the borrower's right to repay the loan early without penalty
9. Default: Defines what constitutes a default and its consequences
10. Representations and Warranties: Basic statements about the parties' capacity to enter into the agreement
11. Governing Law: Specifies the state law governing the agreement
12. Signatures: Space for both parties to sign and date the agreement
1. Collateral: Include when the loan is secured by specific assets
2. Late Payment Fees: Include if the parties want to impose penalties for late payments
3. Death or Incapacity: Include provisions for handling the loan in case of death or incapacity of either party
4. Loan Forgiveness: Include if there are circumstances under which portions of the loan may be forgiven
5. Dispute Resolution: Include specific procedures for resolving disagreements, particularly relevant for larger loan amounts
6. Financial Hardship: Include provisions for modifying terms in case of borrower financial hardship
7. Tax Implications: Include acknowledgments of tax responsibilities when significant tax implications exist
8. Acceleration Clause: Include when the lender wants the right to demand full repayment under specific circumstances
1. Schedule A - Repayment Schedule: Detailed amortization schedule showing payment dates, amounts, and allocation between principal and interest
2. Schedule B - Collateral Description: Detailed description of any assets securing the loan, if applicable
3. Schedule C - Late Payment Fee Structure: Details of any late payment penalties and how they are calculated, if applicable
4. Appendix 1 - IRS Applicable Federal Rate Statement: Documentation of the IRS AFR rate applicable at the time of loan execution
5. Appendix 2 - Proof of Funds: Documentation showing the transfer of loan funds from lender to borrower
Lender
Borrower
Principal Amount
Interest Rate
Applicable Federal Rate
Payment Date
Due Date
Default
Event of Default
Business Day
Maturity Date
Loan Term
Prepayment
Late Payment
Late Payment Fee
Collateral
Security Interest
Material Adverse Change
Force Majeure
Governing Law
Notice
Payment Schedule
Interest Period
Repayment Schedule
Default Interest Rate
Financial Hardship
Cure Period
Grace Period
Family Member
Tax Year
Gift Tax
Loan Forgiveness
Legal Representatives
Successors and Assigns
Written Notice
Electronic Transfer
Bank Account
Outstanding Balance
Accrued Interest
Interest Rate
Repayment Terms
Payment Obligations
Default
Representations and Warranties
Security and Collateral
Prepayment Rights
Late Payment
Tax Compliance
Assignment and Transfer
Dispute Resolution
Force Majeure
Notices
Amendment and Modification
Severability
Entire Agreement
Governing Law
Death and Incapacity
Financial Hardship
Loan Forgiveness
Succession
Witness and Notarization
Electronic Payments
Record Keeping
Acceleration
Relationship of Parties
Gift Tax Compliance
Personal Finance
Real Estate
Education
Healthcare
Small Business
Family Office
Wealth Management
Financial Services
Legal Services
Estate Planning
Legal
Finance
Tax
Compliance
Wealth Management
Estate Planning
Risk Management
Document Management
Client Services
Advisory Services
Personal Financial Advisor
Estate Planning Attorney
Tax Accountant
Financial Planner
Wealth Manager
Family Office Manager
Trust Officer
Legal Counsel
Loan Officer
Financial Controller
Tax Consultant
Estate Administrator
Compliance Officer
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