The document discussed in this article is of great interest to the vast majority of citizens. After all, such an agreement is the basis for entering into a relationship with a credit institution. All subsequent actions (on both sides) will be regulated by this act. Next, we will analyze the structure of such a paper, and also indicate the basic rules for its conclusion.

Loan agreement and essential terms of the Sberbank loan agreement

The characteristics of the paper have a certain set of conditions that are usually designated as essential, and they are applicable both to the standard forms of Sberbank and to the forms of any other credit institution of the Russian Federation. Practice shows that the content of the contract includes some elements, in the absence of which it will not make logical sense. These positions include the following:

• loan amount (in some cases it is indicated as the subject of an agreement);
• interest rate;
• provisions on the loan repayment procedure (or schedule);
• liability (penalties for failure to fulfill obligations);
• details and other data of each party.

Those. standard contract() Sberbank or the signed agreement must contain the above conditions. They are the ones that are essential for the borrower, and in some cases for the guarantor.

Loan agreement and its contents in accordance with the Civil Code of the Russian Federation

Similar information is specified in Article 820 of the Civil Code of the Russian Federation. One of the main requirements for an agreement concluded with Sberbank or another bank of the Russian Federation is that it must (without exceptions) be concluded only in writing (the form can be arbitrary, or it can use a standard form). Failure to comply with this imperative provides for the complete nullity of the agreement. At the same time, civil law has no distinction as to whether a document is concluded with an individual or an institution. The requirement is mandatory for everyone. The signing takes place with full interest of the parties.

Example of a loan agreement -

As we indicated above, the sample for all institutions without exception is the same. Those. such banks as Russian Standard, Home Credit and others have uniform order drafting in accordance with the Civil Code. The same applies to bank No. 1, whose credit securities do not differ significantly from the others. If you are interested in where to view the completed document, you can do this on the official website of the institution.

VTB 24 loan agreement - and procedure for filling it out

VTB 24 is the second in the official register of institutions, and the conditions and features here, regarding the content of the concluded acts, are also no different from all other cases, including the example of Sberbank. Website financial institution contains many examples of agreements, as well as samples of applications to be submitted (for example,). You can also download them for free here.

Termination of a loan agreement with a bank at the initiative of the borrower, how does it happen?

The law indicates that any contract/agreement, no matter whether it is Sberbank or VTB 24, can be terminated under certain circumstances, but it is important to take into account the procedure.

Theoretically, the agreement can be terminated early, and the borrower has this right. But it’s not for nothing that many are interested in how to terminate a loan agreement with a bank unilaterally, because Serious difficulties may arise here.

Firstly, unilateral termination of the act must have special grounds. This point is very important, because... You can’t just terminate it at will existing document. For example, the circumstance of having nothing to pay with is not one of the possible grounds. Secondly, in most cases, it is terminated on the initiative of the institution. But in both cases this happens through the judiciary.

Application for termination of a loan agreement with a bank - procedure for drawing up

To carry out this procedure, a person must submit an application in relation to the institution. It is advisable to do this to the board, indicating the reasons that led to such a decision. The answer usually arrives the next day, and in most cases, it is, of course, negative. The possibility of such consequences as debt collection by Sberbank or others, assignment, judicial stage, etc. extremely large.

on granting a loan to an individual

G. ____________ "__" _______ 20___

Joint Stock Commercial Bank _______________________________, hereinafter referred to as the “Bank”, represented by ______________________________, acting on the basis of ____________________, on the one hand, and _________________ , hereinafter referred to as the “Borrower”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1 The Bank undertakes to provide the Borrower with a loan in the amount __________ (_______________) ______ for a period of "__" _______ 20__ inclusive of payment of interest for using the loan at the rate of __ % (___________ percent) per annum for consumer needs(hereinafter referred to as the Loan), and the Borrower undertakes to return the received Loan to the Bank and pay the interest accrued on the Loan in the amount, on time and under the terms of this Agreement.

2.Terms of loan

2.1 The Bank opens a loan account for the Borrower.

2.2 The Loan is issued at a time by crediting Money to the bank (current) account of the Borrower No. _______________ in the joint stock bank ________________, (hereinafter referred to as the current account).

2.3 Loan repayment is carried out monthly in equal installments, starting from _______ 20__.

2.4 Payment of interest is made by the Borrower monthly no later than the 07th day of the month following the month of expiration of each calendar month, starting from _______ 20__. Last interest period- at the end of the contract, no later than "__" _______ 20__. Interest accrued for December is paid no later than the last working day of December of the current year.

2.5 The total cost of the loan associated with the conclusion and execution under this Agreement is __ __% (___________________________ percent) per annum, in accordance with Appendix No. 1 to this Agreement.

3. Terms of settlements and payments

3.1 The date of issuance of the Loan is the date of formation of the loan debt.

The date of repayment of the loan debt and payment of interest and penalties is considered the date of receipt of funds at the Bank's cash desk or crediting of funds to the Bank's account.

3.2 The interest period is 1 (One) calendar month, except the first and last.

The first interest period begins on the day following the day of the first use of loan funds and ends on the last day of the month in which the first use of loan funds occurred.

The last interest period ends on the date of repayment of the Loan or on the date of final repayment of the principal debt under the Loan, depending on which date comes earlier.

Interest is accrued on the balance of the principal debt recorded in the loan account at the beginning trading day, and are paid by the Borrower in accordance with the terms of this Agreement.

3.3 When calculating interest and penalties, the actual number of calendar days in the payment period is taken into account, and the actual number of calendar days in a year (365 or 366, respectively).

3.4 The Borrower grants the Bank the right, if there is a debt on the Loan and/or interest for using the Loan, to write off funds received to the Borrower’s current account as they are received without acceptance to pay off this debt (Appendix No. 2). Direct write-off to pay off debt on the Loan is carried out regardless of the expiration of the deadline for using the Loan established in clause 1.1. of this Agreement, and regardless of the period for payment of interest established in clause 2.4. actual agreement.

3.5 On the date of repayment of the loan debt in the manner specified in clause 3.7. of this Agreement, the Client grants the Bank the right to directly debit funds from its current account in payment of interest accrued for the use of the corresponding amount, including interest determined by clause 8.2. actual agreement.

3.6 If there are no funds in the Borrower’s current account sufficient to repay the loan debt and pay interest on the loan repayment date, the Borrower is obliged to independently repay the existing loan debt and pay accrued interest.

3.7 Amounts contributed by the Borrower (debited from the current account by the Bank) to repay the debt under this Agreement are sent, regardless of the purpose of the payment specified in the payment document, in the following order:

• repayment of the Bank's costs for obtaining execution of this Agreement;
• payment of penalties;
• payment of overdue interest;
• payment of urgent interest;
• repayment of overdue debt on the Loan;
• repayment of urgent debt on the Loan.

3.8 The Borrower’s obligations are considered to be properly and fully fulfilled after the return of the entire amount of the Loan to the Bank, payment of interest for using the Loan, penalties in accordance with the terms of this Agreement, determined as of the date of repayment of the Loan, and reimbursement of expenses associated with debt collection.

4. Obligations and rights of the BANK

4.1 The Bank is obliged:

4.1.1 issue (credit, transfer) the Loan in accordance with clause 2.2. actual agreement;

4.2 The Bank has the right:

4.2.1 demand early repayment of the Loan, interest on the Loan under the terms of this Agreement;

4.2.2 upon the due date for payment of the Loan and/or interest on the Loan, if there are funds in the Borrower’s current account, write off the corresponding amounts without acceptance;

4.2.3 check the Borrower’s solvency, his financial position, monitor the Borrower’s fulfillment of its obligations under the Loan during the term of this Agreement.

5. Obligations and rights of the Borrower

5.1 The Borrower is obliged:

5.1.1 timely replenish the balance of funds on account No. _______________ necessary to repay the Loan and interest thereon;

5.1.2 ensure the repayment of the Loan under the terms of this Agreement;

5.1.3 not transfer information about this Agreement and all obligations arising in connection with its execution to third parties without the consent of the Bank;

5.1.4 receive a Loan on the day of concluding this Agreement;

5.1.5 inform the Bank about a change in place of residence and/or family composition, and/or work, and/or surname and other circumstances within 10 (Ten) calendar days from the date of the event.

5.2 The Borrower has the right:

5.2.1 make an early repayment of the Loan and interest on the Loan in whole or in part on the date of the next payment, notifying the Bank in writing 2 (Two) business days before the expected date of payment.

5.3 The Borrower is liable for its obligations in accordance with this Agreement with all its property to the extent of the debt under the Loan, interest, penalties and other payments under the Agreement.

6. TERM OF THE CONTRACT

6.1 The Agreement comes into force from the moment it is signed by the Parties and is valid until the Borrower fully fulfills its obligations under this Agreement.

7.Grounds and procedure for termination of the Agreement

7.1 The Bank has the right to judicial procedure terminate this Agreement and demand the return of the entire Loan amount, interest on the Loan and other payments provided for in this Agreement upon the occurrence of one or more of the following conditions:

7.1.1 failure to fulfill or improper fulfillment by the Borrower of its obligations under this Agreement to repay the Loan and pay interest on the Loan;

7.1.2 deterioration of the financial situation of the Borrower;

7.1.3 use of the Credit for purposes other than intended purpose, established in clause 1.1. actual agreement;

7.2 Genuine contract may be terminated by mutual agreement of the Parties.

8. RESPONSIBILITY

8.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with current legislation Russian Federation.

8.2 In case of untimely payment (transfer) of the Loan and/or interest on the Loan, the Borrower shall pay the Bank increased interest in size double rate on Credit from the amount of the overdue payment for each calendar day of delay for the period from the date following the date when the corresponding amount was due for payment until the date of its actual payment to the Bank, inclusive.

9. Other conditions

9.1 Amendments and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the Parties.

9.2 All Disputes arising during the execution of this agreement are resolved by the Parties through negotiations, and if no agreement is reached, in the manner established by the current legislation of the Russian Federation.

9.3 In all other respects not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

9.4 In case of changes in the name, addresses, payment and other details, the Parties shall notify of the changes made within 20 (Twenty) calendar days from the date of the changes.

9.5 The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

10. Addresses and details of the parties

BANK:

BORROWER:

Appendix No. 2

to the Loan Agreement№ ___

from "__" _______ 20__

Additional agreement

to Bank Account Agreement No. ____ dated “__” _______ 20__

__________ "__" ______ 20__

JSCB ______________, hereinafter referred to as the “Bank”, represented by ___________________, acting on the basis of ________________, on the one hand, and ______________________ , hereinafter referred to as the “Client”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. In order to fulfill clause 3.4., clause 3.5. and clause 4.2.2. Loan agreement No. ___ from “__” _______ 20___ (hereinafter referred to as “ Loan agreement"), concluded between the Parties, the Client irrevocably and without any instructions on his part instructs the Bank to carry out an unaccepted (indisputable) debit of funds from his current account No. _______________, opened in accordance with the Bank Account Agreement No. concluded between the Bank and the Client ____ dated “__” _______ 20__ (hereinafter referred to as the “Bank Account Agreement”), and the Bank, on the basis of this order from the Client, has the right to write off sums of money from the Client’s current account in the event of non-fulfillment (improper fulfillment) by the Client of its obligations under the Loan Agreement.
2. This Agreement makes changes and additions to the Bank Account Agreement previously concluded between the Bank and the Client, which determines the procedure for carrying out transactions on current account № _______________.
3. This Agreement establishes the right of the Bank, without any additional orders from the Client, to carry out unaccepted (undisputed) debiting of funds from the Client’s current account in accordance with paragraph 2 of Article 854 of the Civil Code of the Russian Federation in the manner and within the time limits set out in paragraph 1 of this Agreement.
4. The Agreement is an integral and integral part of the Bank Account Agreement, which is valid to the extent not inconsistent with this Agreement.
5. This Agreement comes into force from the date of its signing by both Parties and is valid until the Client’s final fulfillment of his obligations under the Loan Agreement.
6. This Agreement is made in two original copies, each of which has equal legal force and consists of 1 (One) page. One copy is given to the Client, the second remains with the Bank.
7. Location and Bank details Sides:

BANK:

BORROWER:

When formalizing a loan relationship, the most important condition is the drawing up of an agreement. You need to know what points you need to pay attention to when your application is approved. Single sample There is no bank agreement on credit relationships, and this must be remembered.

Procedure for drawing up a loan agreement

Before you begin the procedure for drawing up a loan agreement, you should carefully study the standard sample. You also need to understand whether the bank’s lending conditions are suitable for you and whether you can fulfill your obligations properly.

The agreement is drawn up in the following order:

1. Registered general provisions agreements.
2. The section on the rights and obligations of the parties is completed.
3. The responsibility of the credit institution and the borrower is specified.
4. The terms of the relationship are indicated.
5. The provisions on fines and penalties in case of improper fulfillment of obligations are outlined.
6. The order of calculations is determined.
7. Other conditions are prescribed.
8. The details of the parties and information about them are reflected.

All nuances of the agreement must be determined on the spot, during the development and preparation of the document. After the borrower and the bank specialist have determined all the provisions of the document, all that remains is for both parties to sign it and begin fulfilling their duties.

Subtleties when drawing up a loan agreement

This document must contain detailed information about the parties who will participate in the credit relationship. These include bank details and passport details. It is also worth indicating the loan amount along with the conditions for withdrawing funds in cash. It is also necessary to check the assumption of the amount for opening an account, as well as commissions for using the money. It is these components that will determine what the financial condition for the next period of time.

It is mandatory to register interest for the duration of the credit relationship. The client’s main task is to remind the bank employee that interest can be calculated depending on the duration of the agreement. It is also worth checking whether the full amount of the loan is indicated. The fee and interest rate will be determined based on the borrower's CI.

The contract must also contain a description payment schedule. There may be two versions debt obligation – .

It is also worth including a clause in the contract about liability for late payments. There are banking institutions that stipulate in the contract a clause on the withdrawal of funds from the debtor’s third-party accounts in case of violation of contractual obligations.

You can also specify conditions early repayment debt obligations coupled with the terms of termination of the agreement. When concluding a loan agreement, you must check whether there are any penalties for early repayment or commission payments. Certain credit institutions may include a clause regarding the bank's ability to seize the borrower's property if the debt is not paid.

Healthy. All provisions of the contract are in a standard form. If you study them in detail, you can avoid future difficulties in your relationship with the bank. Unclear phrases and terms should be clarified with specialists on site.

Fraud when drawing up a loan agreement

Credit fraud can target both the lender and the borrower. In the first case, the scam looks like this:

1. Registration using fake documents and fake certificates. A borrower may put on makeup before visiting a bank to get a loan using a non-existent identity.
2. Slight distortion of information. An excellent way to recognize an agreement to fulfill debt obligations as illegitimate and formalize a refusal to pay the debt.
3. Obtaining a loan upon subsequent protest. A protest is filed against the legality of its issuance if there is a statement about the loss of the passport or its theft, during which borrowed money was received.
4. Registration of an enterprise and falsification of its activity. Done to obtain borrowed funds for small businesses. In these cases, the company either disappears or does not exist at all.

Loan agreement between VTB 24 and Sberbank

There are virtually no differences between the loan documents on the payment of loans to clients from VTB 24 and Sberbank. As a rule, all standard provisions and clauses are spelled out in both contracts. Institutions are also similar in that they do not change or supplement clauses in their agreements, because, in the opinion general directors banks, their contracts are impeccable and contain all the necessary information.

Interesting. According to customer opinions consumer lending, it is Sberbank and VTB 24 that are the leaders in the approach to processing a loan transaction. Clients actually have no questions, because everything is perfectly explained before signing the contract, as well as loan officers They independently discuss the conditions several times.

The impeccability of the standard credit agreement of these banks guarantees the absence of fraud on the part of the banks. By the way, according to statistics, for last year cases of fraud in these banks have decreased sharply - at Sberbank by 42%, at VTB 24 - by 33%. This suggests that these institutions regularly work not only to improve the quality of customer service, but also to improve their own safety.

Position

Any loan agreement is legal contract, according to which the bank or other credit organization (lender) is obliged to provide financial resources(loan) to the borrower. In turn, the borrower assumes the obligation to return the amount of money received from the credit institution and pay the due interest on it. This provision is regulated by paragraph 1 of Article 819 of the Civil Code of the Russian Federation.

The concept of a loan agreement In pursuance of a loan agreement, a bank or other credit organization (lender) undertakes to issue certain funds (loan) to the borrower on the terms and in the amount stipulated by the agreement. In turn, the borrower is obliged to fixed time repay the loan received and pay interest on it. In relation to the loan agreement, the rules provided for by the norms of the loan agreement are applied when something else is not provided for by law and does not follow from the essence of the agreement. Loan agreement: subject of the agreement The subject of a loan agreement can only be funds in non-cash and cash form, not only in rubles, but also in foreign currency. Such an agreement is bilateral, since the bank undertakes to provide a loan, and the borrower must repay the amount of the loan received on time and pay interest. At the same time, the borrower has the right to demand that a loan be provided to him, and the bank has the right to demand its return and payment of interest. Compared to a loan agreement, which is real deal, the loan agreement is a consensual transaction and comes into force after the parties reach an agreement on the issuance of the loan. Also, the loan agreement is compensated, since the payment of interest under the agreement is one of the essential conditions. The inclusion in this agreement of a condition for issuing an interest-free loan makes the transaction void. Parties and form of the loan agreement Banks and credit and deposit non-bank organizations that have the appropriate licenses from the Bank of Russia can act as creditors under loan agreements. Borrowers are any individuals and legal entities who have legal capacity and capacity. In accordance with Article 820 of the Civil Code of the Russian Federation, a loan agreement must be concluded exclusively in writing. In case of failure to comply with the written form, the contract is considered void. In practice, banks develop standard standard loan agreements, which are accession agreements. If the loan agreement contains a provision on the pledge of real estate, it is subject to mandatory state registration in accordance with the procedure established by the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with him." In accordance with the norms of civil law, a loan agreement can be concluded by exchanging documents using telegraph, teletype, telephone, electronic or other communication, which makes it possible to establish that the document actually comes from the party to the agreement. Nowadays, transactions are quite often concluded in which an electronic digital signature is used, which fully corresponds to a simple written form. Main elements of a loan agreement The law does not define a clear structure of the loan agreement, but, as a rule, it should include the following sections. Preamble Contains the name of the parties who sign the loan agreement. Subject of the agreement This section should specify the type of loan, its purpose, amount, terms of issuance and repayment. Procedure for granting a loan It indicates what documents the borrower provides to the lender. The term, form and procedure for the bank to issue a loan to the borrower. Procedure for accrual, payment of interest, commissions and loan repayment The interest rate for using the loan should be indicated here. The procedure for calculating interest on a loan, how it is paid by the borrower. Loan repayment method – annuity or differentiated payments. What conditions are offered for early repayment of the loan? In what amount and procedure are loan commissions calculated? In what cases and how are penalties applied, their size, etc. Ways to ensure loan repayment This section indicates the number and contents of the pledge agreement, guarantee of third parties and other conditions. Rights and obligations of the parties The creditor has the right to indicate in the contract the cases when he can demand early repayment of the debt. He may also, without the consent of the borrower, assign his rights under the agreement to another credit institution. At the same time, the lender is obliged to issue a loan to the client on the terms and conditions provided for in the loan agreement. The borrower has the right to demand that the credit institution provide a loan in the amount, on the terms and on time, as stipulated by the loan agreement. The borrower's responsibilities include timely repayment of the loan and payment of interest within the period specified in the agreement. If circumstances arise that lead or may lead to non-fulfillment or improper fulfillment of the terms of the loan agreement, the borrower must immediately inform the credit institution about this. Responsibility of the parties This section of the agreement provides for the liability of the parties for violation of the terms of the agreement. Appropriate sanctions are indicated. Legal addresses, details and signatures of the parties Conclusion of a loan agreement Before concluding a draft agreement, the lender offers to provide documents certifying the borrower’s solvency. The list of documents is not specified by law; it is usually drawn up by the creditor. Having prepared everything Required documents, the borrower issues loan application, which should usually include the following information: amount of credit; purpose of the loan; in some cases, the desired interest rate; expected loan term; provision of collateral to the bank: guarantee, bank guarantee, pledge. To conclude a loan agreement, two conditions must be met: draw up a written agreement; reach agreement on all essential terms of the contract. Sample loan agreement LOAN AGREEMENT Date of conclusion of the contract ___________ Place of conclusion of the contract __________ ___________ (name of the credit institution), hereinafter referred to as the “Creditor”, represented by ___________ (position, full name), acting on the basis of ___________ (Charter, power of attorney), on the one hand, and citizen of the Russian Federation ___________ (full name of the citizen), hereinafter referred to as the “Borrower”, passport series _____ N __________, issued by ___________ (when, by whom), residing at the address: _______, on the other hand, collectively referred to as the “Parties”, have concluded this Agreement on as follows: 1. THE SUBJECT OF THE AGREEMENT 1.1. The Lender undertakes to provide the Borrower with funds in the amount of __ rubles (hereinafter referred to as the Loan), and the Borrower undertakes to return the provided Loan and pay interest for using the Loan in the amount and terms stipulated by the Agreement. The full cost of the Borrower's Loan, including costs associated with the conclusion and execution of this Agreement, is indicated by the Lender in the Calculation, which is an appendix to this Agreement. 1.2. For using the Loan, the Borrower undertakes to pay the Lender interest in the amount of ___% per annum on the Loan amount in the manner prescribed by Section 3 of this Agreement. 1.3. The purpose of lending is: ____________ (list the purposes of lending) 1.4. In order to fulfill the obligations under this Agreement, the Lender opens a bank account No. _____ for the Borrower. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Lender undertakes to make a timely transfer of the Loan to the Borrower by "___"__________. The loan is provided in non-cash form(option: in cash through the Lender's cash desk). The date of issuance of the Loan is considered to be the moment the Loan amount is credited to the Borrower’s account specified in clause 1.4 of this Agreement (option: the moment of issuing funds through the Lender’s cash desk, registered in accordance with the norms of current legislation). The date of repayment of the Loan is considered to be the moment the Loan amount is credited to the Lender’s correspondent account specified in Section 9 of this Agreement (option: the moment the Borrower’s funds are transferred through communications authorities or other credit organizations, the latest contribution of cash to the Creditor's cash desk on the basis of a cash receipt order). 2.2. The Lender has the right to refuse to provide the Borrower with a Loan in whole or in part if there are circumstances clearly indicating that the amount provided to the Borrower will not be repaid on time. 2.3. The Borrower has the right to refuse to receive the Loan in whole or in part by notifying the Lender no less than ____ calendar days before the deadline for its provision established in clause 2.1 of this Agreement. 2.4. To receive a Loan, the Borrower submits the following documents to the Lender: 2.4.1. Application for the issuance of a loan indicating the purpose of its use. 2.4.2. Information about the amount of income received by the Borrower. 2.4.3. Copies of documents certifying the security of the Borrower's obligations. 2.5. The Borrower undertakes to repay the entire amount of the Loan no later than ______________. Payment of the Loan amount is carried out within the time limits established in the Schedule repayment of the Loan, which is an integral part of this Agreement _______________(annuity/differentiated) payments. 2.6. The Borrower has the right to repay the Loan or part thereof ahead of schedule, having previously notified the Lender of his intention ___ calendar days before the expected repayment date. The Lender has the right to receive from the Borrower interest on the Loan accrued up to and including the day the Loan is repaid. 2.7. During the term of this Agreement, the Lender has the right to check intended use The loan and its security, as well as information about the amount of income of the Borrower. 2.8. The Borrower undertakes to provide documentation upon the Lender's request, answer questions from the Lender's employees, provide certificates and perform other actions necessary for the Lender to clarify the circumstances specified in clause 2.7 of this Agreement. 2.9. The Lender undertakes to issue free of charge certificates about the status of the Borrower's debt under the Loan in the amount required by the Borrower. 2.10. If the Borrower violates the obligation of the intended use of the Loan provided for in the Agreement, the Lender also has the right to refuse further lending to the Borrower under the Agreement. 3. PROCEDURE FOR CALCULATION AND PAYMENT OF INTEREST ON LOAN 3.1. Interest on the Loan is accrued monthly until the date of repayment of the Loan. Interest is calculated for full month. The amount of interest is paid by the Borrower by the ___ day of the month following the settlement month, and if it is a weekend or holiday, on the first working day following it. (Option: The amount of interest is transferred by the Borrower simultaneously with the repayment of the Loan.) 3.2. Interest for using the Loan is accrued from the moment of crediting to the Borrower's current account (option: issuing the Loan through the Lender's cash desk) until the date of crediting to the Lender's correspondent account, inclusive. When calculating interest on a loan, the number of days in a year is ___, the number of days in a month is ___. 3.3. The Lender cannot unilaterally shorten the term of this Agreement, increase the amount of interest and (or) change the procedure for determining it, increase or establish commission fees for additional transactions carried out by the Lender. 4. SECURING LOAN 4.1. The loan provided under this Agreement is secured ___________ (indicate the method of security: pledge, surety, etc.) 4.2. _________ (specify the document establishing the security: agreement of pledge, surety, etc.) is drawn up by the Parties before “___”___________ and is an integral part of this Agreement. 5. RESPONSIBILITY OF THE PARTIES 5.1. The Party that fails to fulfill or improperly fulfills its obligations under this Agreement is obliged to compensate the other Party for losses caused by such failure. 5.2. In case of untimely provision of the Loan, the Borrower has the right to demand compensation from the Lender for losses caused by this. 5.3. When late repayment Loan within the period established by clause 2.5 of this Agreement, the Lender has the right to collect from the Borrower a penalty in the amount of ___% of the amount not paid on time for each day of delay. 5.4. In the event of the formation of overdue debt on the Loan and interest for using the Loan (including increased interest), the amounts paid by the Borrower are directed primarily to repay the debt on interest for using the Loan, and then to repay the principal debt. 5.5. If the Borrower fails to comply with the terms of clause 1.3 of this Agreement on the intended use of the Loan, as well as in case of violation of the obligations provided for in clause 2.8 of this Agreement, the Lender has the right to demand from the Borrower an early repayment of the Loan and payment of interest due under this Agreement. 5.6. For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties bear responsibility established by the current legislation of the Russian Federation. 6. DISPUTE RESOLUTION 6.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations. 6.2. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner established by the current legislation of the Russian Federation. 7. PROCEDURE FOR CHANGING AND EARLY TERMINATION OF THE AGREEMENT 7.1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the Parties. 7.2. All notices under this Agreement must be sent to the other Party in writing. 7.3. This Agreement may be terminated by agreement of the Parties, as well as on other grounds established by the current legislation of the Russian Federation. 8. FINAL PROVISIONS 8.1. This Agreement comes into force from the moment it is signed by both Parties and terminates after the Parties have fulfilled their obligations in accordance with the terms of the Agreement. 8.2. The Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties. 8.3. For all other issues not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. 8.4. An integral part of this Agreement are the annexes: 8.4.1. Calculation of the total cost of the loan. 8.4.2. Loan repayment schedule. 9. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES: Change of contract When the text of the concluded agreement does not contain any mention of a unilateral change in its terms, the creditor does not have the right to change them independently. Change interest rates on loans unilaterally is possible only in cases provided for federal law or an agreement with the client. As a rule, agreements provide for the lender's right to change loan interest rates when the refinancing rate of the Central Bank of the Russian Federation changes or when rates on the interbank loan market change. The contract can be changed or terminated only due to significant changes in circumstances. An agreement to change conditions is made in the same form as the contract. By a court decision, the contract may be changed in exceptional cases, if termination of the contract may: cause damage that significantly exceeds the costs necessary to fulfill the contract on the terms changed by the court; be contrary to public interests. Extension of the loan agreement is possible by making changes to its text (changing the loan repayment period). You can also draw up an additional agreement to extend the contract. Termination of the loan agreement The loan agreement can be terminated either by agreement of the parties or unilaterally. But only at the written request of one of the parties for reasons stipulated by the contract and current legislation. The borrower has the right to terminate the loan agreement unilaterally only in one situation: if he is not provided with a loan in the amount and on the terms stipulated by the agreement. The right to terminate the loan agreement unilaterally is granted to the creditor in the following situations: if the loan is not used for its intended purpose; if the creditor has not fulfilled the requirement to repay the debt on the loan and other payments stipulated by the agreement on time; if the obligations to secure the loan are not fulfilled; in the absence of the ability to control the intended use of the loan; when the borrower is sued for payment sum of money, the size of which will interfere with the fulfillment of obligations under the contract; if a decision is made to liquidate, reorganize or significantly reduce authorized capital borrower; if the financial condition of the borrower has deteriorated; if the bankruptcy procedure of the borrower has been initiated in accordance with the legislation of the Russian Federation; if there is a risk of liquidation of the borrower in accordance with the legislation of the Russian Federation. Early loan repayment The borrower's relationship with the credit institution may also terminate if the loan is repaid ahead of schedule. In this case early dissolution The loan agreement is based on the fact that the client has paid the loan amount and has no debts on all other payments. It may seem that this option is quite beneficial for the bank client, and all you need to do is write an application. However, this is not quite true. To close loan agreement Even if you repay the entire loan amount, you still need to pay an amount that is equal to the interest on the loan. This is considered a penalty, which is caused by the termination of a loan obligation. In some rather rare cases, the bank itself may require the client to prematurely repay the loan amount and interest. Termination of the agreement in such cases may be caused by the bank’s doubt about the client’s solvency. The process of early loan repayment begins with an application. The request may be granted unilaterally, but this does not mean that the borrower is released from fulfilling the terms of the agreement. Thus, the loan agreement is not completely unchangeable, but can be terminated subject to compliance with established legal requirements.

02/18/2019, Sashka Bukashka

A Sberbank loan agreement is an agreement under which the bank allocates credit (borrowed) funds to a citizen, and the citizen undertakes to return them with interest in the agreed manner. Let's figure out what hides this most important financial document and what nuances you should pay special attention to when signing.

A bank loan is a transaction between a citizen-borrower and a bank, which has registration rules regulated Civil Code and other laws. The main document in this case is the loan agreement. The Civil Code of the Russian Federation regulates that it must be drawn up in writing and signed by all parties to the transaction. The terms of such a document are binding, so maximum attention must be paid to its contents even before signing. After all, it will be almost impossible to cancel or change something later.

The concept of a loan agreement

A loan agreement is a written agreement on the allocation of money by a bank for the needs of a borrower (citizen or organization) subject to certain conditions. For example, a mortgage or buying a car. Or you just need money to go to the store (). The conclusion and signing of this document is regulated. The agreement must have a clear structure, which is not enshrined in law, but must necessarily include a number of essential conditions. In particular, it must necessarily contain sections such as:

• essence of the transaction (preamble);
• subject of the contract;
• terms of the loan: amount, interest and terms;
• responsibilities of both parties: lender and borrower;
• rights of the borrower and lender;
• loan repayment conditions;
• liability of the parties;
• conditions for resolving disputes;
• details of the lender and borrower.

The agreement must also have a number, the date of its signing and the signatures of both parties to the transaction. Before concluding a loan agreement, you should read it carefully. If necessary, changes can be made to the text, because the borrower is not obliged to sign a document that does not suit him. Typically, the beginning of the agreement looks something like this (a sample loan agreement between Sberbank and an individual is presented):

Essential terms of the loan agreement

Like every document, an agreement with a bank on a loan has main and additional clauses. For example, absolutely any such agreement must specify the amount of money that the bank lends. Its size and the interest that the borrower will pay for using the finance must be agreed upon; without this essential requirement, the transaction simply will not take place. It is legally stipulated that another important point is:

• your loan amount;
• interest rate (per year);
• procedure and terms of repayment;
• full cost of the loan.

As a rule, these points cannot be changed unilaterally. A loan agreement for a mortgage, a car loan or a regular consumer loan presupposes their existence. But the text of the document will differ significantly from bank to bank. For example, this concerns the principle of debt repayment. There are two ways...

– when interest is calculated immediately for the entire period of using the loan and payments are divided so that they are the same throughout the entire period of loan repayment. This is less profitable than differentiated payments, since at first the borrower pays small parts of the principal debt, so the amount of interest for the entire period of using the loan is greater.

Differentiated method - in this case, only the loan amount is divided into equal parts, so the amount with each payment decreases by reducing the debt and reducing interest on the balance. Banks usually use this method for mortgages or car loans. It is less common in consumer loans.

For example, sample contract consumer loan Sberbank contains the following paragraph:

In addition, it is very important under what conditions early repayment of the loan occurs. For example, the Tinkoff Agreement Credit card usually implies the possibility grace period, during which the borrower has the right to return funds to the card without interest, i.e. use them for free. But usually you need to make sure that the bank does not require additional fees or impose fines for early repayment of the loan.

By the way, the procedure for calculating loan commissions is also very important. Also, the agreement often contains loan security, for example, or a surety. However, in this case they are issued separately.

Pitfalls: what to pay special attention to

When you are given a loan agreement to sign (Sberbank sample), you need to read it carefully. If the loan amount is rather large, and you are afraid that your knowledge is not enough to fully understand the document, invite a specialist with you to the transaction. If this is not possible, you need to pay attention to full cost loan. It is very important that the interest is described in detail, and all additional fees (if any) are indicated. It is important to carefully read all the fine print in the text, because this is where bankers often try to hide unfavorable conditions. The document should not contain phrases that can be interpreted in different ways, for example, such as “gross violation” or similar evaluative concepts.

It is very important to study the clause in which cases the bank has the right to apply penalties or even demand early repayment of debt. The annex to the agreement must contain repayment schedules and addresses of credit and other organizations through which you can pay without additional commission. The main thing to remember is that if you are not satisfied with something in the text, report it to the manager at the bank. It is possible that your comment will be taken into account. If you categorically do not like the text, and the obligations are not suitable, no one has the right to force you to sign it.

No less important is what if it is not needed.

Termination of the loan agreement

The question of how to terminate a loan agreement with a bank does not often worry borrowers. After all, this automatically means early and one-time repayment of the entire loan amount. Usually it arises when it turns out that some clauses of the agreement for one reason or another turned out to be unacceptable for a person, but he learned about this after signing the documents. Sometimes the bank agrees to termination after repaying the debt, but more often than not this issue has to be resolved in court, and that’s another story. The borrower can unconditionally terminate the transaction only if the bank did not give him the money or did not give it in full.

Example of a loan agreement

Just above we showed you what a Sberbank loan agreement sample 2019 looks like for individuals. You can download a file with such a sample below the text of the article.