Loan Transaction Forms
Before you lend money, secure the loan and make sure you get repaid with these loan agreements and supporting documents.
- Download the templates, fill them in and have them signed before you advance the loan funds.
- Some forms are country-specific and comply with applicable national, state and provincial legislation. Other forms are generic and can be used in most jurisdictions.
- If you're lending money to a small business, it is also advisable to obtain Personal Guarantees from the business owners.
- Also check out our selection of Promissory Notes.
Tips for Getting a Loan Repaid
Don't let personal feelings sway your better judgment. Quite often people who cannot get a loan from a financial institution will turn to family members or close friends to help them out. And you will probably feel a personal obligation to do just that. If you insist they sign a loan agreement or a promissory note, the borrower may resist, insinuating that you don't trust them to repay the money. Do not get drawn into a guilt trip. There's a reason why a bank won't lend them the money, and for that same reason you shouldn't lend them the money either unless they are willing to put everything in writing.
Set the interest rate at a reasonable level. Check with your bank to see what its prime lending rate is, and add another percentage point. That's as good a rate as the borrower could expect to get on a line of credit.
Set attainable payment levels. Make sure the regular payments are high enough to pay off the debt within a reasonable time period, but not so high as to be difficult for the borrower to maintain.
- Have the borrower provide enough collateral security to back the loan. Get the borrower to sign over assets which can be sold if the borrower defaults in repaying the loan. Collateral could include real estate and rents from investment properties, motor vehicles, heavy equipment, valuable collections such as coins or jewelry, stocks, bonds, GICs and other investments.
Ontario Revolving Credit Agreement
Provide revolving credit facilities to a corporate borrower with this Revolving Credit Agreement for Ontario lenders.
- The Agreement allows the borrower to borrow and reborrow funds up to a stated maximum amount.
- The purpose of the credit facility is to finance the borrower's general operations, and the borrower agrees not to use the funds for any other purpose.
- The borrower grants the lender a first priority security interest over all of the borrower's personal property, and a guarantee and postponement of claim from a principal of the borrower, as security for repayment.
- Representations and warranties from both the borrower and the guarantor, including environmental warranties.
- The guarantor must maintain a specified ratio of current assets to current liabilities, and of total liabilities to tangible net worth.
- The total amount due may be repaid without penalty at any time.
- This legal document is intended for use in the Province of Ontario, Canada.
Ontario Share Pledge Agreement
Obtain a pledge of securities from a borrower under this Share Pledge Agreement, pursuant to the provisions of the Ontario Personal Property Security Act.
- A borrower pledges shares of stock to a lender, to be held as security for a loan that the lender is making to the borrower.
- The borrower agrees to pledge any additional, substitute or replacement shares issued in its name.
- The borrower retains the right to vote the shares.
- The agreement contains a limitation on personal liability clause with respect to the borrower's responsibility for any deficiency owing after disposition of the shares.
- This form is a fully customizable legal template that you can use as often as you need to.
- Intended for use only in the Province of Ontario, Canada.
Ontario Share Pledge Agreement (no recourse)
Prepare a Share Pledge Agreement with No Recourse with this customizable template form for Ontario lenders.
This Share Pledge Agreement is intended to provide a lender with security from a corporate borrower in the Province of Ontario, Canada. It is compliant with the provisions of the Ontario Personal Property Security Act and is available in MS Word format.
Parties Involved
- Borrower: A corporate entity who is borrowing the funds and has issued the shares to the shareholder.
- Shareholder: The individual or entity who is pledging the shares of stock, and is a principal or stakeholder in the corporate borrower.
- Lender: The party providing the loan to the borrower.
Pledge of Shares
The shareholder pledges the shares to the lender. These shares are to be held as security for a loan that the lender is making to the borrower.
Additional Shares
The shareholder agrees to pledge any additional, substitute, or replacement shares issued in its name, ensuring that the security remains intact throughout the term of the loan.
Retention of Voting Rights and Dividends
So long as the borrower is not in default under the loan:
- the shareholder will retain the right to vote the shares that have been pledged at shareholder meetings, allowing the shareholder to continue participating in corporate decisions, and
- any dividends accruing to the shareholder will be payable to the account of the shareholder.
No Recourse Provision
In the event of a shortfall between the balance of the debt owing and any proceeds realized from dealing with the shares, the shareholder shall have no liability for such shortfall. The lender has no recourse against the shareholder for any deficiency in the repayment of the loan.
Non-Guarantee Status
The shareholder is not a guarantor, surety, or indemnifier with respect to the loan. Its only obligation is the pledge of shares as security.
Pledge of Shares of Stock | USA
Purpose of Document
When securing a loan with shares of stock, the borrower is required to sign a pledge of the shares. This form establishes that the lender will hold the shares as collateral to guarantee repayment of a promissory note.
Lender's Rights and Restrictions
The lender is granted the authority to instruct the issuing company to transfer the ownership of the pledged shares into the lender’s name on the company’s records. However, the lender is not permitted to sell, encumber, or collect dividends on the shares while they are held as security.
Borrower's Rights
The borrower retains the right to vote the shares, provided that he or she is not in default under the terms of the promissory note.
Release of Shares
Once the loan is fully repaid, the shares will be transferred back to the borrower.
Availability of Form
The Pledge of Shares form will download immediately following purchase. This document can be used throughout the United States.
Postponement Agreement under PPSA | Canada
Subordinate the security interest of an existing lender to a new lender under the terms of this Postponement Agreement for Canadian provinces with PPSA legislation.
- The parties to the Agreement are (i) a borrower, (ii) the borrower's new lender, and (iii) a previous lender who is still owed money by the borrower.
- The first lender agrees to postpone its security to the new lender's security, notwithstanding that the previous lender is a secured creditor.
- The purpose of the Agreement is to induce the new lender to provide the borrower with loan financing, a line of credit, or other type of borrowing arrangement.
- This legal contract is available in MS Word format and is easy to download and use.
- The Postponement Agreement can be used in any province or territory in Canada which has a Personal Property Security Act.
Priorities Agreement Between Two Lenders
Prepare a Priorities Agreement between a debtor and two lenders with this ready-made template.
- The lenders are both secured parties under loan agreements or credit arrangements with the debtor. The Agreement sets out the priority of the lenders' security positions.
- Each of the lenders agrees that its security will rank equally in priority, notwithstanding the date of execution or registration, or other factors.
- Any default by the debtor will be deemed to be a default under security held by each of the lenders.
- This is a generic legal contract which does not specifically reference the laws of any country, state or province.
- The Priorities Agreement Between Two Lenders is in MS Word format and is easy to download and use.
Promissory Note Secured by Real Estate | USA
USA lenders, use this easy template form to prepare a Promissory Note Secured by Real Estate.
- The Note allows the borrower to pay the principal and interest in monthly payments until paid.
- The total loan amount can be prepaid at any time without penalty.
- The Note is secured by a Deed of Trust on real estate property owned by the borrower.
- The form is fully editable and is easy to download, fill in and print.
- Available in MS Word format.
- Intended to be used only in the United States.
Promissory Note with Guarantee | UK
If you are loaning money to a person or company in the UK, secure repayment of the loan with this Promissory Note and Guarantee.
- The borrower agrees to repay the loan with interest calculated monthly on the unpaid balance.
- The borrower may prepay the balance at any time without penalty.
- The Note includes a guarantee of payment of the Note by a guarantor.
- Available in MS Word format.
- Intended to be used only in the United Kingdom.
Renunciation of Interest in Fixture | Canada
Renounce your interest in a fixture which was used as collateral for a loan or credit facility with this easy-to-use form for Canadian lenders.
- This form of notice is given by a secured party to give up its security interest in a defaulting debtor's fixture after the outstanding debt has been paid by another party who also has an interest in the fixture (such as a landlord).
- This form can be used in any Canadian province or territory.
- The form is a downloadable Microsoft Word document.
Renunciation of Rights in Collateral | Canada
Renounce your rights in assets you used as collateral for a loan with this Renunciation of Rights in Collateral form, for use in Canada.
- The Notice is given by a defaulting debtor to the lender who has a security interest in the assets..
- The debtor renounces all rights it has in the collateral, and turns the collateral over to the lender, as secured party.
- This form can be used in any Canadian province or territory.
- The Canada Renunciation of Rights in Collateral template is a downloadable Microsoft Word document.