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An agreement between an individual lender and borrower. It is likely to be used for arms’ length business deals. Strong provisions to protect the lender.

√ Attorney approved √ Practical points considered

This lawyer drawn agreement covers many critical corners of the law relating to loan agreements. It has been drawn to protect the Lender. We strongly advise a lender to insist on a guarantor to sign a surety.

There is no provision for a company lender or borrower in this agreement, nor for additional security.

When to use this loan agreement

• The lender and the borrower are two individuals
• Either or both parties may be in the Republic of South Africa or abroad
• Flexible for loans of any size and repayment terms of any complexity

The law in this loan agreement

There is little statutory regulation relating to an agreement of this nature, so you can make more or less the deal you choose.

Contents of this loan agreement

• The contents of the agreement include:
• Structure of the loan;
• Alternative draw down arrangements;
• Provision of information to lender;
• Repayment and interest payment arrangements;
• Provision for default situations;
• Borrower's warranties;
• Other important legal points.

Draftsman

This document was written for Agreements.org by a Senior Attorney (Admitted in the High Court) with more than 18 years’ experience. It complies with current South African law.