The Private Party Loan Agreement is essential for documenting financial arrangements between private individuals or entities in India. It serves as a legally binding contract that protects both lender and borrower interests while ensuring compliance with Indian financial regulations and state-specific money lending laws. This document is commonly used for personal loans, business financing, or asset acquisition where traditional banking channels are not preferred or accessible. The agreement must adhere to the Indian Contract Act, 1872, applicable interest rate regulations, and state-specific money lending statutes. It should detail loan terms, security arrangements, default provisions, and enforcement mechanisms while ensuring transparency in the lending process.
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1. Parties: Identifies and provides full details of the lender and borrower, including names, addresses, and contact information
2. Background: Sets out the context of the loan agreement and the intention of the parties to enter into the lending arrangement
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent ambiguity
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use
5. Interest Rate: Details the applicable interest rate, calculation method, and compounding frequency
6. Repayment Terms: Specifies the repayment schedule, installment amounts, and payment methods
7. Security: Details any collateral or security provided for the loan
8. Representations and Warranties: Statements of fact made by the borrower regarding their financial condition and ability to repay
9. Events of Default: Lists circumstances that constitute default and the consequences thereof
10. Rights and Remedies: Outlines the rights of both parties and available remedies in case of default
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and identifies the courts having jurisdiction
1. Guarantor Provisions: Include when a third party guarantees the loan repayment
2. Prepayment Terms: Include when early repayment is allowed, specifying any penalties or benefits
3. Insurance Requirements: Include when insurance of collateral or borrower's life is required
4. Default Interest: Include when a higher interest rate applies during periods of default
5. Assignment and Transfer: Include when either party may need to transfer their rights under the agreement
6. Force Majeure: Include when parties want to address unforeseen circumstances affecting loan repayment
7. Electronic Payment Terms: Include when electronic payment methods are specified for repayment
1. Repayment Schedule: Detailed amortization table showing payment dates, principal and interest breakup
2. Security Details: Detailed description of any collateral or security, including valuations and documentation
3. KYC Documents: Copies of identity and address proof documents of the parties
4. Property Documents: If property is offered as security, copies of relevant property documentation
5. Bank Account Details: Schedule containing bank account information for disbursement and repayment
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