Simple Loan Agreement
Reviews
What is a loan agreement?
A loan agreement is a written contract between a lender and a borrower that sets out the terms on which money is being lent. It records the loan amount, when and how it must be repaid, whether interest applies, and what happens if repayment is late or missed.
This loan agreement template UK can be used for the following:
- family loans between members of a family or friends;
- business loans;
- car loans; or
- any other types of loan used for daily situations.
This document template is suitable for usage across England and Wales.
What should be included in this loan agreement document template?
A standard loan agreement template UK shall cover a number of important clauses, including:
- Details of the Parties. The text of the loan agreement template should outline full identification details of a borrower and a lender, including their name and address.
- Loan amount. A standard loan agreement should outline the total amount of the loan in British pounds.
- Purpose of the loan. If the lender wants, they may limit usage of borrowed money to specific purposes only. For example, to pay for a vacation, purchase a car, make a house renovation, and so on. If this is the case, the exact list of purposes should be outlined directly in the document.
- Repayment Schedule. These are key dates which the borrower shall follow to repay the loan on time. The repayment of the loan is possible on the lender’s demand, on a specific date or according to the agreed schedule.
- Interest. There is not a statutory set interest rate. For a family loan or loan between individuals, the average interest rate is between 5 and 8% per annum. For business loans the interest rate usually varies between 5 and 12% per annum.
- Events of default. This is the list of circumstances in which the full loan amount must be repaid immediately. There is a list of statutory default events that may trigger early repayment, including bankruptcy of a borrower, failure to use the loan for a specific purpose, etc.
Types of loan agreements in the UK
Depending on the type of a loan agreement document template, the parties of the future arrangement should be aware of additional rules, restrictions and important considerations as follows.
Family Loan
A family loan agreement template is used between family members and friends to lend money to each other. This is one of the most popular, and yet the most disputatious, types of contract that may significantly affect relations.
When entering a family loan agreement template, parties should think of the following:
- Repayment Schedule. The text of the document must outline the exact repayment schedule for the loan with clearly stated dates. Failure to include a repayment schedule may entail a high risk of HM Revenue & Customs (HMRC) considering this transaction as a gift, which should be further taxed.
- Interest-free loan. Most family loans are interest-free, which means that the lender earns nothing when borrowing money. However, if there is an interest rate, the lender should always report it to the HMRC as earned income, even if earned from a family loan.
- Mortgage application. If the borrowed money under the family loan agreement template is planned to be used for a mortgage application, some banks and financial institutions may not accept it. This is because an outstanding loan reduces the borrower’s net equity in the property and may affect mortgage affordability assessments. A family loan agreement for a property deposit can work but should be discussed with the borrower’s mortgage broker before the loan is made.
Business loan
Loans are a quick and helpful financial solution for your business to grow or expand. Therefore, a simple business loan agreement template is widely used between companies and directors, between companies and shareholders, and between companies on a daily basis, for example:
- Director’s loan. A director may lend their personal funds to support cash flow or fund a specific project. The company’s accountant should be consulted about the tax treatment.
- Shareholder loan. If the company’s statutory documents allow doing so, shareholders may also provide additional funding to the company without the change in their equity structure.
- Inter-company loan. A property accounting is also required when lending money between two companies within the same group.
Car Loan
A simple car loan agreement template is used to lend or borrow money to purchase a vehicle for personal, non-commercial use. If the given loan is limited to this specific purpose, in such a case, details of a vehicle should be stated in the text of the document, including:
- make and mode;
- year of manufacturing;
- mileage and condition (for pre-used vehicles).
Please note that this loan agreement document template cannot be used for commercial loans offered by dealers.
Top 4 legal considerations before signing a loan agreement
Deed Execution
If a loan agreement contract template is executed as a deed, it allows a lender to demand the payment of the unpaid loan for the period of 12 years following the default event. When, however, the loan agreement is signed as a simple contract, the lender can only enjoy a statutory period of 6 years.
Therefore, this is something a lender should consider carefully, as once the document is signed, it cannot be re-executed as a deed further.
No gift
To prevent any further disputes with HMRC, make sure the wording of your family or business loan agreement template clearly outlines that this is a lending arrangement and not a gift. To improve clarity, you can add a separate clause stating, “Nothing in this agreement should be considered as a gift or donation for charitable purposes.”
Application of interest
An interest-free loan is simpler and carries no income tax obligations for the lender. However, if you expect to generate some income, perhaps it is worth including an interest rate clause defining the amount of an interest rate per annum that shall apply. If you do charge interest, declare it on your self-assessment tax return. Failure to do so may result in serious tax fraud, including imprisonment and huge fines.
Default interest vs penalty
If your loan agreement includes a default interest clause (applying a higher rate to overdue amounts), ensure the rate is a genuine pre-estimate of your additional costs, not a punitive figure designed to deter non-payment. Keep in mind that courts in England and Wales will not favour an excessive penalty clause when the document is signed by both parties. The safest approach is to choose a rate in between 2% and 5% per annum.
Why use FasterDraft for a loan agreement template UK?
By customising this template with FasterDraft, you get the document with the following benefits:
- a template that is specifically suitable for England and Wales;
- a template created by qualified solicitors and never generated by AI;
- a document that is created in accordance with the general principles of English contract law;
- a template with a clear structure and professional wording;
- a document that fully aligns with the Limitation Act 1980.
How to use this template?
To get a fully customisable document template, follow a few easy steps below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format – a loan agreement template Word or PDF.
- E-sign the document.
- Make a payment.
The document is ready for instant download immediately after the purchase.
Table of content
Frequently Asked Questions (FAQ)
-
1. Does a loan agreement need to be witnessed or notarised in England and Wales?
A sample loan agreement template does not require any further witnessing or notarisation. That means that the document becomes valid once it is being signed by the lender and the borrower. A signed contract does not require witnessing or notarisation to be legally valid. Both parties signing is sufficient.
If the parties want to add an extra layer of protection to this contract, they may sign it as a deed. That means that the parties’ signatures must be acknowledged by a signature of a witness. One of the benefits of execution of the loan agreement as a deed is that parties can benefit from the 12-year limitation period. In other words, once the repayment of the loan is not made on time, the lender may enforce its repayments within the next 12 years.
-
2. Is an interest-free family loan subject to tax?
FasterDraft.com is an online tool that facilitates customisation of legal templates. We do not offer any tax or legal advice. For more information about taxation, check HM Revenue & Customs’ official website or ask a solicitor.
-
3. Can a loan agreement be signed electronically in England and Wales?
Yes. Both parties may sign a loan agreement contract template digitally by inserting their electronic signature. At FasterDraft we offer all our users a free e-sign tool along with the purchase of the document.
However, if the loan agreement is being executed as a deed, electronic signatures are not acceptable since the witness should be physically present at the moment of signing of this agreement by both parties.
-
4. What is the difference between a loan agreement and an acknowledgement of debt?
A loan agreement is entered into at the time the money is lent. This document defines the main terms and conditions of a lending arrangement, including loan amount, interest, warranties, repayment schedule, etc.
An acknowledgement of debt can only be used when the loan contract already exists and when the borrower wants to confirm the existence of the debt.
-
5. Does this template include a guarantor?
No. This template covers a straightforward two-party loan between lender and borrower only, without a third-party guarantee. If you need a guarantor to provide additional security for the loan, a separate guarantee or surety agreement should be used along with this document.
-
6. Can I get a simple loan agreement template free from FasterDraft?
At FasterDraft you can customise a loan agreement for your personal needs at a very affordable price. We do not offer low-quality templates, generic templates or templates created by AI.
Looking for something Different?
Start typing to find out our collection of legal documents and contract templates