Features of the loan agreement. How a loan agreement is drawn up Drawing up a loan agreement between the bank and the borrower

2.1 The process of concluding a loan agreement

The loan is provided by the bank after a thorough analysis of the borrower's production activities, his financial condition, solvency, methods of ensuring the fulfillment of obligations offered by the borrower, the structure of his property, the purpose for which the loan is obtained, the proposed procedure for using the funds received as a loan, possible sources of repayment loan, credit history of the borrower, etc.

On June 1, 2005, Federal Law No. 218-FZ of December 30, 2004 “On Credit Histories” comes into force, the purpose of which is to create and determine the conditions for the formation, processing, storage and disclosure of information by credit history bureaus that characterizes the timeliness of the fulfillment by borrowers of their obligations under loan (credit) agreements, increasing the security of lenders and borrowers by reducing overall credit risks, and increasing the efficiency of credit institutions.

However, the information provided for by this Law will be provided by credit institutions to credit bureaus only in relation to borrowers who have agreed to provide it, and therefore it seems that the security and efficiency of creditors will increase very slightly.

One of the most important procedures in deciding whether to grant a loan is to conduct a legal examination of the constituent and other documents of the borrower.

The objectives of such an examination are to determine the legal capacity of the borrower and other participants in the transaction (pledgers, guarantors, guarantors), verify the authority of the representatives of the borrower and other participants in the transaction to conclude the relevant agreements, analyze credit and security transactions for compliance with their legislation.

The list of documents and the form in which they must be submitted is determined by each creditor independently and brought to the attention of the borrower. To eliminate the risk of forgery of documents, it is advisable to require notarized copies of documents or copies certified by those persons (authorities) who signed (approved, accepted, registered) this document.

Thus, obtaining a loan by a budgetary institution from credit organizations is prohibited (clause 8 of article 161 of the Budget Code Russian Federation(hereinafter referred to as the RF BC) as amended federal law dated December 28, 2004 No. 182-FZ; Previously, this provision was regulated by Art. 118 BK RF).

Thus, the loan agreement concluded with a budgetary institution, in accordance with Art. 168 of the Civil Code of the Russian Federation is a void transaction as inconsistent with the requirements of the law - BC RF.

The consequences of invalidity will be as follows: each party is obliged to return to the other party everything received under the transaction, that is, the institution will be obliged to return to the lender the amount of the loan received (without paying interest on the loan), and the lender will have the right to demand payment of interest on the loan amount at the refinancing rate in in accordance with Art. 395 of the Civil Code of the Russian Federation for the illegal use of other people's money.

The obligation of the lender is to provide funds (credit) to the borrower in the amount and on the terms stipulated by the loan agreement.

In accordance with clause 2.1 of Regulation No. 54-P, the provision of funds by the bank is carried out in the following order:

For legal entities - only in a non-cash manner by crediting funds to a settlement or correspondent account (sub-account) of the borrower opened on the basis of a bank account agreement;

For individuals - in a non-cash manner by crediting funds to the borrower's bank account (account for recording the amounts of attracted deposits) or in cash through the creditor's cash desk.

Regulation No. 54-P does not allow the possibility of transferring the loan amount to the accounts of third parties.

In a loan agreement, it is important to determine what is the moment of granting a loan - the moment the lender fulfills its obligation (for example, the moment the loan is credited to the borrower's account opened with the creditor bank, or the moment the loan is credited to the correspondent account of another bank in which the borrower's account is opened), since from that moment the period of use of the loan will be calculated.

The term of using the loan is calculated according to the rules established by Ch. 11 of the Civil Code of the Russian Federation.

2.2 Documents required for drawing up a loan agreement

Main documents:

Application for a loan (according to the standard form of the bank);

Questionnaires of the borrower and guarantors (Appendix B);

Copies of passports proving the identity of the borrower and guarantors;

A copy of the passport of the spouse (wife) and a certified copy of the marriage contract (for those registered in marriage);

Copies of all pages of the passports of the founders and persons entitled to sign the chief accountant, general director;

A copy of the certificate of registration with the tax office;

A notarized copy of the certificate of state registration, re-registration with a mark of the registering authority;

A copy of the certificate of assignment of PSRN;

A copy of the constituent agreement in the current edition, with all changes and additions;

A notarized copy of the charter in the current edition, with all changes and additions;

A copy of the list of founders indicating passport data, addresses, settlement accounts and legal addresses of founders from among individuals, paid shares in the authorized capital;

Extract from the Unified State Register of Legal Entities valid for no more than 1 month, counting from the date of issue to the date of signing the loan agreement;

Copies of orders for the appointment of the CEO, Executive Director, President to the positions of the executive body in accordance with the Charter;

Copies of the minutes of the meeting of founders;

Information about the founders' contributions to the statutory fund;

A copy of the license for private practice and a copy of the order of appointment as a private notary (for documents certified in a private notary's office).

Bank documents:

Certificate from the Federal Tax Service on the availability of accounts in servicing banks;

Certificates of current settlement and current accounts in servicing banks of the Russian Federation with appendices on the balance sheet and statements on the movement of funds for the last 3-6 months;

Certificates on the absence or presence of loan debt or debt according to card index No. 2, for each of the servicing banks;

Credit history for the last 12 months;

Certificates of the absence or presence of existing bank loans with the seal of the servicing bank. The certificate must be issued not earlier than one month before applying for a loan.

If you have existing loans, you must provide copies of loan agreements, as well as collateral and guarantee agreements, certified by the seal and signature of the responsible person. If loans are issued in the form of an overdraft or a revolving line of credit, a certificate of turnover on the loan account is provided.

Accounting documents:

Depending on the form of tax reporting, the following can be provided:

Order on appointment to the position of chief accountant;

Copies of the tax return for the payment of taxes on income with a mark of the tax authority that accepted it for 2-4 tax periods;

Copies of postal receipts in case of sending reports to the Federal Tax Service by mail;

Copies of the tax return with confirmation of sending (when paying tax on imputed income or using the simplified taxation system) for the last reporting period;

Financial statements(balance sheet, form No. 2) for the last 2-4 reporting dates, with a breakdown of the accounts receivable and accounts payable and the mark of the Federal Tax Service;

Personal income tax certificates;

In the case of a single tax on imputed income - copies of tax receipts for 2-4 periods;

Cash book, copies of the pages of the book of income and expenses for the last 6-12 months;

Financial documents:

List of fixed assets, put or not put on the balance sheet (including name, year of issue and market value);

Copies of lease agreements for warehouse and office space, Vehicle, other property of the company;

Depending on the type of entrepreneurial activity: revenue from shipment, payment for the last 3-6 months (by line of business, monthly);

Calculation of the cost of manufactured products (if the scope of business activity individual entrepreneur production);

List of debtors and creditors of the borrower at the time of applying for a loan (the dates of occurrence and repayment dates, as well as the name of the counterparty and the amount are indicated);

Copies of agreements with major buyers and suppliers, as well as credit, loan, contract, equity participation in construction, simple partnership and other agreements with the financial participation of the borrower;

Reference or analytical account of overhead costs of the enterprise for the last 3-6 months (monthly);

Certificate of availability of cash on hand and / or on the current account, including securities.

2.3 Change and termination of the loan agreement, termination of obligations under the loan agreement

In accordance with Art. 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by the Civil Code of the Russian Federation, other laws or the contract. Thus, the parties to the loan agreement may provide in the agreement for the possibility of unilateral changes in its terms, which is confirmed by the norm of Art. 310 of the Civil Code of the Russian Federation, which allows for a unilateral change in the terms of an obligation related to the implementation by its parties of entrepreneurial activity, in cases provided for by the contract, unless otherwise follows from the law or the nature of the obligation.

Based on this, the bank has the right, for example, to unilaterally change the interest rate for using the loan legal entity who received a loan in connection with their entrepreneurial activities, or an individual - an individual entrepreneur.

At the same time, the loan agreement must describe the objective conditions, the occurrence of which will allow the lender to unilaterally change the interest rate (for example, changing the refinancing rate by a certain percentage, the ratio of the interest rate level to the level of the refinancing rate), as well as the procedure for such a change (terms and methods notifications to the borrower, the timing of the changes coming into force).

When the loan matures, the loan must be repaid by the borrower. In accordance with Art. 407 of the Civil Code of the Russian Federation, the obligation is terminated in whole or in part on the grounds provided for by the Civil Code of the Russian Federation, other laws, other legal acts or an agreement. Regulation No. 54-P provides for the following methods of loan repayment (termination of an obligation by performance):

By debiting funds from the bank account of the borrower on his payment order;

By direct debiting of funds by the creditor from the borrower's account, if such a right was granted to the creditor by the loan agreement and the relevant account agreement;

By a contribution by a borrower - an individual of cash to the creditor's cash desk.

In addition to the termination of the obligation by performance, the termination of the borrower's obligation to repay the loan (payment of interest) is also possible in other ways provided for in Ch. 26 of the Civil Code of the Russian Federation: provision of compensation in return for performance, set-off, novation, debt forgiveness, etc.

By novation, the borrower's obligation to the creditor can be terminated, for example, in the case when the borrower issues his promissory note to the creditor. Thus, the obligation to repay the loan is replaced by the obligation of the borrower to pay the promissory note issued by him when the due date indicated on the promissory note.

The set-off can be used to terminate the obligations of the borrower in the event that the lender, for example, has an obligation to the borrower to return the deposit amount and the term for the return of the deposit has come (term deposit) or is determined by the moment of demand (demand deposit).

The borrower may transfer to the creditor, in exchange for fulfilling the obligation to repay the loan, the property belonging to the borrower. Such property may include, among other things, property that was the subject of a pledge as security for the repayment of a loan, which by the time of transfer as a compensation must be free from pledge (that is, the pledge agreement must be terminated).

At the same time, it should be borne in mind that the owner of such property should be the borrower, and not a third party who was the pledgor (Article 335 of the Civil Code of the Russian Federation). In accordance with Art. 409 of the Civil Code of the Russian Federation, a compensation agreement is concluded between the parties to the obligation to be terminated (in relation to a loan agreement, between the lender and the borrower).

If there is property that may be subject to compensation from a third party, the said person may conclude a suretyship agreement with the creditor as security for the borrower's obligations under the loan agreement and terminate his obligations under the suretyship agreement. The borrower's obligation to repay the loan may be fulfilled by a third party if the borrower has entrusted the said person with the fulfillment of his obligation (Article 313 of the Civil Code of the Russian Federation).

If the borrower fails to fulfill its obligation to repay the loan, the lender has the right to foreclose on the subject of collateral (in the event that the obligation to repay the loan was secured by collateral) or to present a demand for performance to the guarantor or guarantor (in the event that the obligation to repay the loan is secured by a surety or guarantee).

Conclusion

Loan agreements are agreements between lenders and borrowers. After concluding a loan agreement with a bank, a banking institution undertakes to provide the borrower with the previously agreed amount of money, while the borrower himself undertakes to repay the loan on time and pay interest on the use of credit funds.

When concluding loan agreements, banks carry out structuring of loans, that is, they determine such important components of the upcoming loan operation as: type, amount, term of the loan, methods of issuing and repaying it, and interest rate.

When a loan agreement is concluded, the assessment by a banking institution of the degree of justification of the upcoming credit risk is of key importance. In order to minimize the risk, appropriate measures are preliminarily developed, which provide for fines, penalties, etc., if the borrower refuses to fulfill his obligations.

Today, various loan agreements are concluded with banks. In general, the following types of loan agreement can be distinguished:

Purpose loan agreement. Such loans are issued for specific purposes, while the borrower must provide the bank with a loan repayment schedule and a plan for spending money.

Overdraft agreement. The overdraft provides for the payment of credit obligations by the borrower within the established limit, regardless of how much money is in the debtor's account at the date of repayment.

On-call loan agreement. The borrower has the right to use the account until the bank requests repayment of the loan or until the account is closed.

No less popular today are such types of credit agreements as acceptance, commercial, budget, commodity. All of them have a number of their own characteristics.

January 2019

Getting a consumer loan is a simple task. However, if the person who has made such a decision thinks about the consequences of his actions, then the situation no longer looks too simple. It is necessary to take into account a number of factors, for example, the choice of a bank that will give a loan. In addition, it is useful to first ask its employees on what conditions the necessary funds will be received, to what extent the content and subject matter of the loan agreement comply with legal standards, and how objectively it reflects the mutual rights and obligations of its participants.

What is a loan agreement?

A loan agreement is a written bilateral agreement, according to which financial institution, on the one hand, undertakes to issue a certain material amount (credit) to the client for personal use on special conditions specified in the document. And the person who received the funds, for his part, promises to return them in full and within the specified period, additionally taking upon himself the obligation to pay interest on the capital used.

This paper is one of the independent and autonomous versions of the loan agreement. This allows you to apply similar rules to it, unless otherwise stipulated by law, is not spelled out in the rules of consumer lending and does not contradict the very essence of the compiled paper. Unlike a standard loan, this method of lending is classified in legal practice as a consensual one, since it gains momentum only after its participants reach all the specified requirements and conditions. In addition, it falls under the category of reimbursable, since the repayment of the borrowed amount is carried out by the bank's client within the framework of the interest rates specified in the agreement.

The general conditions of the loan agreement are regulated by regulatory legal acts, and additional clauses of the main sections can be drawn up at the discretion of the participants in the transaction.

Civil Code

What article of the civil code regulates the loan agreement? Based on current legislation, this document is classified as a civil law consumer agreement. This means that the bilateral obligations that develop between the organization that issued the loan and the person who received it have a private legal legal connotation. Wherein monetary relations its participants are carried out in accordance with the rules and norms of the Civil Code of the Russian Federation. When making it, both parties are obliged to be guided by the fundamental principles of freedom and voluntariness in the process of the agreement being concluded, unless other actions are provided for by the legal and regulatory framework of the state. This is what the law says - in particular, Article 819 of the Civil Code of the Russian Federation.

The article not only gives a complete definition of this action. However, it regulates in the most detailed way practical use an agreement according to which a financial institution that has issued money on consumer lending terms assumes the obligation to act according to the conditions assigned in the document, while observing both the size of the loan and the interest rates on it - without going beyond the limits indicated in the text. The borrower, accordingly, undertakes the task of promptly reimbursing all funds and repaying interest overpayments. If no other actions of the participants are additionally agreed, then the document, according to Article 819, does not gain legal force upon its signing - the moment the loan agreement is concluded is the receipt by the interested person of the required amount from the lender.

Rights and obligations of the parties under the loan agreement

To conclude a loan agreement, it is required not only to comply with all the requirements that are imposed by law on its direct participants. It is equally important to understand the mutual rights and obligations that will have to be fulfilled after the signatures under the document are put. At the same time, it should be understood that not only banks and private financial companies but also foreign organizations, individuals or legal entities. Regardless of who gives the money, the agreement regulates both rights and obligations upon the transaction. As a rule, they are standard, but the parties can make their own adjustments.

Obligations of the creditor under the loan agreement:

• the need to give the client the required amount of money in the ways established by law;
• accept the repayment of debt obligations under the agreement and place them on the required current accounts;
• at the first request of the client who issued this loan, provide him with information about the remaining part of the debt, or the termination of credit obligations upon closing the entire amount (this information must be confirmed by a special certificate).

A person acting as a borrower under this document, in turn, is obliged to:

1. Accept for personal use the requested funds in the amount he needs. Dispose of them in accordance with the goals prescribed in the agreement. If there is no item on the intended purpose, the borrower has the right to use them at his own discretion, without informing the bank about his actions.
2. By the time the transaction is signed, the client must provide true personal information and additional information about himself that the lender requires. Reference! For deliberate distortion of data or the use of forged papers and certificates, criminal liability and a real term of imprisonment may be applied to the violator.
3. Payments must be regular in nature - according to the established debt repayment schedule.
4. If there are insurance premiums in the contract, then they should be paid on time.

The Bank is entitled to:

• write off the amounts necessary for repayment from other accounts and sources of income of the borrower if he evades his direct duties;
• since the subject of the loan agreement can be not only money, but also property values, the company may file a claim for their temporary confiscation;
• for objective reasons, terminate the contractual relationship ahead of schedule and initiate the fulfillment by the borrower of payment obligations in full before the period of time established by the agreement;
• use all legal leverage on the non-payer and apply to judiciary to protect their interests.

The bank customer is entitled to:

• partially make current payments ahead of schedule in order to fulfill their financial obligations as soon as possible;
• demand access to information about the state of his credit debt at any time convenient for him;
• familiarize yourself with the procedure for drawing up a loan agreement and put your signature under it only if you fully agree with all the points of the document;
• until the moment of receipt of funds in hand, refuse the services of the bank and terminate the contract ahead of schedule unilaterally.

Types of loan agreement

1. Target - funds go to the purchase of a specific product.
2. Non-targeted - the borrower is not required to give a financial institution a report on where exactly he spent the borrowed money.
3. Secured - means the presence of guarantors.
4. Unsecured - without their presence.
5. With or without recoverable limit funds - the loan is taken one-time and is no longer replenished.
6. Investment - funds are used to develop their own business. Interest under such agreements is controlled by the state and cannot go beyond the established limits.
7. With and without interest rates. In the latter case, all overpayments are compensated by the state. An example is mortgage lending as part of participation in various federal projects and programs.
8. Restructuring and refinancing - is when there is a need to ensure the financial ability of the client to make payments on time and in full. In this situation, the procedure for drawing up a loan agreement is actually a transfer of debt to another banking institution, when the client repays his initial debt at the expense of the funds received.

The procedure for drawing up a loan agreement

Before making an agreement, the company requires the client to provide the documents necessary for consideration of the application. If the parties to the loan agreement are a bank and an individual, their list is standard. If foreign creditors or legal entities are involved in the transaction, this list can be expanded. Further, the management of the organization will consider the application and make a decision - to allow lending or to reject the transaction.

Before signing the main agreement, depending on the situation, accompanying documents can be signed - collateral, insurance, surety. This loan agreement must be concluded in the form regulated by law, in writing and in two copies.

Contract time

The loan agreement is considered concluded from the moment the loan is received and is valid for the period specified in the document. This period is determined individually. As a rule, consumer lending extends over several years - basically it is 2-3 years. When it comes to buying real estate or a car, these limits are more extended. From a legal point of view, the term of the contract is terminated upon the fact of full repayment of debt obligations.

Related videos

What should you pay attention to when drawing up a loan agreement, having a completed sample?

The query “loan agreement of the Civil Code of the Russian Federation” is on the top lines in terms of popularity, as borrowers want to familiarize themselves with the new rules regarding a loan transaction. Users are increasingly looking on the Web for a sample loan agreement that will allow them to avoid mistakes when drawing up such an important document as a loan agreement. However, not all samples meet the requirements for such documents. What points should be paid attention to?

First of all - on the terms of the loan agreement. All conditions of the loan agreement can be divided into general and individual. All important general and individual conditions describing the conditions and procedure for obtaining / repaying a loan debt should be included in the loan agreement in order to avoid later disputes between the creditor and the debtor.

General conditions of the contract

General terms that may be included in a written agreement are terms that are set by the lending institution. The Bank has the right to determine the general conditions independently, regardless of the desire of the borrower.

General conditions regulated banking organization, are fixed, as a rule, in some standard forms agreements or forms, which are subsequently used by employees of banking organizations to conclude agreements with all borrowers. The borrower accepts the general terms of the loan agreement by joining the proposed agreement as a whole, as set out in paragraph 1 of Art. 428 of the Civil Code of the Russian Federation.

• the procedure for opening a credit account;
• rules for making transactions on a current credit account;
• conditions for granting a credit loan;
• basic rights and obligations of the creditor and the debtor;
• settlement procedure between the parties to the agreement.

Individual terms of the contract

Both parties to the transaction are already involved in the formation of individual conditions of the loan agreement. At the same time, the list of conditions that the authorized representative of the bank will agree with the borrower includes items relating to the following points:

1. Loan amount, that is, the amount of money that will be provided to the borrower by a banking organization. The loan amount or lending limit is the maximum possible loan amount that is provided to the borrower.
2. Loan terms. As a rule, the term of the agreement does not exceed the term of fulfillment of obligations under the loan agreement. The term of the loan is the period that begins to be calculated from the moment the borrower receives the loan. The end of the term of the agreement is the moment when the debtor has fully fulfilled its obligations to the credit institution, that is, paid the full amount of the loan and all interest on the loan. At the same time, the legislator secures for the debtor the right to repay the debt earlier than the time fixed in the loan agreement, providing the opportunity to carry out early repayment of the debt both in full and in parts.
3. Loan currencies, since borrowed funds can be provided to the borrower in Russian rubles, and in foreign currency. According to paragraph 3 of part 1 of Art. 12 of the Federal Law of July 2, 2010 No. 151-FZ, organizations that are microfinance companies are also entitled to issue a loan in the form of foreign currency.
4. The procedure for the return of credit funds and the amount of regular contributions made by the borrower in favor of the credit institution that issued the borrowed funds. Usually, the fulfillment of the debtor's obligation is carried out by debiting funds from the borrower's account by the bank. The basis for the write-off of funds is a written order of the debtor. You can replenish your personal bank account, from which the lender makes monthly debits of funds, in various ways, for example:
   • by depositing cash in the cash desk of the creditor bank to the account of the borrower client on the basis of a cash receipt order;
   • by making a non-cash transfer of finances to the account of the client-borrower through post offices or through the use of services of other credit organizations serving citizens.
   In addition, the bank may deduct from the amounts paid to the debtor as wages at his place of work. Such transfers can be made by authorized employees of a banking organization only if there is an application from the debtor or if there is an appropriate condition in the clauses of the loan agreement.
5. The amount of interest that the debtor pays in favor of the creditor for the use of credit funds. Usually, the payment schedule contains specific amounts of recommended payments, which include the amount of interest. Thus, the borrower repays interest at the same time as making payments on the loan.
6. The number, size and frequency of payments made in order to fulfill a loan obligation to a banking organization. At the same time, payments made by the debtor are included in the full cost of the loan debt if they are directed to repay:
   • the principal amount of the debt;
   • percent;
   • debt for the issuance and maintenance of an electronic means of payment.

   Payments made by the debtor are not included in the total cost of the loan debt if they are aimed at repaying:

   • debt arising as a result of non-performance or improper performance by the borrower of the terms of the contract;
   • debt arising in connection with the performance of credit servicing operations;
   • payment for insurance of the collateral, which ensures the requirements to the borrower under the contract.
7. The full cost of credit funds, which includes funds transferred for repayment:
   • the principal amount of the debt;
   • percent;
   • debt for the issuance and maintenance of an electronic means of payment;
   • payments to an insurance company;
   • insurance premium debt under an insurance contract.

Documents for concluding a loan agreement between a legal entity and an individual

Russian legislation does not fix a closed list of documents required to obtain a loan, therefore, a package of documents is requested by a legal entity engaged in lending (a bank or other credit organization), based on the specifics of the loan and the internal regulations of the banking organization. In other words, each bank (or other credit organisation) may have its own list of documents required to establish the identity of the borrower and his financial situation.

Don't know your rights?

Documents required by borrowers - individuals

The approximate list of documents submitted by individuals includes:

1. An application form drawn up in accordance with the forms and samples approved by the credit institution.
2. Passport of a citizen with registration information.
3. Documents confirming the solvency of the borrower.
4. Employment papers of a potential debtor (for example, a work book, a duly certified extract from the work or a 2-NDFL certificate).
5. A certificate confirming the amount of a citizen's monthly pension.
6. Papers confirming the ownership of real and expensive movable property.
7. Documents confirming the receipt of income by the borrower (for example, certifying the fact that the borrower's apartment was rented out, a contract for hiring or renting premises and a copy of the tax return in the form 3-NDFL, marked by the tax service).
8. Documents confirming the receipt by the borrower of income from the use of intellectual property. You can confirm receipt of a fee or remuneration by providing an author's or civil law contract and a copy of the 3-NDFL certificate.

A banking organization may set a certain period for the borrower, during which he must prepare all of the listed documents. If the borrower does not meet the deadline, he may be denied a loan on this basis.

What income of the borrower is not taken into account when determining its solvency?

When calculating its risks and the solvency of a potential borrower, a banking organization does not take into account such types of citizen income as:

• income from currency purchase and sale transactions;
• profit from transactions of purchase and sale of securities;
• income from the turnover of goods, movable and immovable property, property rights;
• income from participation in gambling;
• income from investing in securities (for example, coupon income or dividends);
• alimony payments;
• insurance payments;
• bonus payments (except those that are accrued at the place of employment);
• state benefits (except for payments due to incapacity for work).

For what reasons can a loan be denied?

Even when submitting all required documents, having considered an application from a citizen who wants to receive credit funds, a banking organization has the right to refuse to issue a loan to him. In order to prepare for the solvency check procedure, the borrower is advised to familiarize himself with the list of requirements that the credit institution imposes on its debtors. Typically, such information can be found in the regional branches of banking organizations and on their official pages on the Internet.

Among the grounds on which banking organizations refuse to provide citizens with credit funds, the following are usually mentioned:

• the borrower does not have a permanent place of work;
• the absence of a candidate for a loan registration at the place of residence;
• the borrower does not have a permanent source of income;
• low income of the borrower, which will not allow him to repay the loan on time;
• inconsistency of age with the requirements approved by the bank;
• inconsistency of the length of service with the criteria approved by the bank;
• availability of other loans;
• negative credit history;
• submission by the borrower of incomplete, irrelevant, inaccurate information about his financial situation or the guarantor;
• availability of enforcement proceedings initiated against the borrower;
• the presence of court sentences for imprisonment in force against the borrower;
• the presence of a criminal record under articles relating to property crimes;
• discrepancy between the collateral declared as security for the fulfillment of obligations under the loan, the requirements of the bank;
• obtaining a loan for the purpose of legalizing income (in accordance with the Federal Law of 07.08.2001 No. 115-FZ).

Thus, before concluding a loan agreement, the parties must provide for all the important terms of the agreement. The loan will be issued if the borrower meets all the requirements set by the bank. If the financial situation of a potential borrower does not meet most of the solvency criteria, then the chances of obtaining a cash loan will be low.

After the commercial bank has considered the application of a potential borrower, demanded and received the necessary documents from him, analyzed the financial statements for the creditworthiness and insolvency of the future client, was convinced of the high-class reputation, etc., the bank decides to conclude a loan agreement and those conditions on which it will be issued and returned.

At the same time, the reliability of the loan agreement is the higher, the better the basic conditions for the lending procedure are worked out and defined: urgency, payment, repayment and security.

A loan agreement is a written agreement between a commercial bank and a borrower, under which the bank undertakes to provide a loan for an agreed amount for a certain period and for fixed fee(percent). The borrower undertakes to use and repay the loan issued by the bank, as well as to fulfill all the conditions of the agreement. The loan agreement includes the following main sections:

1. Preamble. It usually contains the names of the contracting parties and a description of the purpose of the loan.

2. The volume and terms of repayment of the loan. This section indicates the amount of the loan, the procedure for obtaining it, the loan interest, the term of the loan and the terms of its repayment.

Domestic commercial banks loans are issued in the following order.

Loans are issued by the credit department for specific repayment periods by order orders. In the event of a change in the conditions for the production and sale of products (carrying out works and rendering services) caused by objective reasons, the bank can satisfy the additional need of the borrower for a loan that has arisen in connection with this within the limits of available credit resources on the terms specified in the supplementary agreement. If, when lending to large target programs and facilities, the creditor bank cannot fully satisfy the borrower's loan application due to insufficient credit funds, and the refusal to lend will jeopardize the activities planned by him or undermine the reputation of the creditor bank, then the bank may issue a loan jointly with other commercial banks on the basis of a joint lending agreement.

The interest for using the loan is determined in such a way that the amount of interest received from the borrower covers the bank's expenses for raising funds necessary to provide the requested loan, with the addition of the so-called margin1. The amount of interest also depends on the period of use of the loan, the risk of insolvency of the borrower, the nature of the loan security, the content of the credited event, the rates of competing banks and other factors.

Interest rates for a loan can be fixed (fixed) and floating, which is also stipulated in the loan agreement. Fixed rates remain unchanged throughout the life of the loan. Floating rates may be changed by the lending bank during the loan period with the obligatory notification of the borrower, depending on the development of market relations, changes in interest rates on deposits, emerging supply and demand for credit resources, as well as the state of the economy and finances of the borrower.

" Margin - the difference between the rate at which the bank charges interest on the amount of loans provided, and the rate at which the bank pays interest on borrowed funds.

It should be borne in mind that the bank can change the interest rate on the loan, including the fixed one, in accordance with the interest rate policy and the solution of other economic tasks of the state.

Loans on preferential terms (interest-free or with low interest rates) can be provided, as an exception, subject to reimbursement to the bank of the costs of attracting resources from the state bodies that decide on issuing such loans for the implementation of the planned activity.

An example of the application of more low rates than operate in the market of loan capital, can serve as the provision of loans to farms for their formation and development. The unreimbursed costs of banks for issuing such loans can be compensated centrally from the federal budget through the Bank of Russia.

In accordance with the requirements of the Bank of Russia on the procedure for the client-borrower to return the funds provided to him and pay interest on them, the repayment of funds placed by the bank and the payment of interest on them are made by:

Write-offs of loaned funds from the settlement (current), correspondent account of the borrower client on his payment order;

Write-offs of funds in the order of priority established by law, or in the order of direct initiative from the settlement (current), correspondent account of the borrower (served in another bank) on the basis of the payment request of the creditor bank "without acceptance", provided that the agreement provides for such an operation ;

Transfers of funds from the account of clients-borrowers of individuals on the basis of their written instructions for the transfer of funds of clients-borrowers of individuals through communication agencies or other credit organizations. Contribution of cash to the cash desk of the creditor bank on the basis of an incoming cash order. Withholding from the amounts due for wages to borrower clients who are employees of the creditor bank (at their request or under the terms of the contract).

Repayment (refund) of funds in foreign currency is carried out only by bank transfer.

On the day (date) established by the agreement of payment of interest on the placed funds and / or repayment (repayment) of the principal debt on them, the accounting officer responsible for maintaining the account of the client-borrower, in accordance with the order signed by an authorized official of the bank, either makes accounting entries of the fact of payment interest on placed funds and/or repayment of the principal debt on them, or in case of non-fulfillment (improper performance) by the borrowing client of its obligations under the agreement, transfers the debt on accrued but not paid (overdue) interest and/or on the principal debt on placed funds to the relevant accounts for accounting for overdue principal debt and/or overdue interest.

The debt on the funds provided (placed) (uncollectible and/or recognized as uncollectible in accordance with the procedure established by the Bank of Russia) is debited from the balance sheet of the creditor bank at the expense of the created reserve for possible losses on loans, and if it is insufficient, it is included in the losses of the reporting year.

The write-off of the outstanding debt on the presented (placed) funds, including interest, from the balance sheet of the creditor bank is not its cancellation, it is reflected in the balance sheet for at least five years from the date of its write-off to monitor the possibility of its collection.

In accordance with Art. 34 of the Law "On Banks and Banking Activity", the creditor bank is obliged to take all measures provided for by law to collect the debt (including from the client - the borrower of the debtor).

3. Report and guarantee. In this section of the contract, the borrowing company discloses the state of its affairs and vouches that the financial statements underlying the loan are true and accurately reflect the situation of the borrower.

This clause of the loan agreement certifies that the borrower:

Registered in the prescribed manner and has a good reputation;

It is empowered to conclude a loan agreement and fulfill its obligations to the creditor bank;

Has property that is not subject to retention and is free from any obligations, except for those stipulated by the loan agreement;

Does not participate in any legal actions or claims, other than those to be determined by the contract;

It has trademarks, a company name, a seal, a current account for conducting financial and industrial affairs;

Fulfilling contractual obligations under this loan, not

violates other obligations, does not suffer economic losses from the time of the audit and submission of financial statements; %

Has a total tax debt that does not exceed the amount shown on the balance sheet.

Before the final execution and payment of monetary amounts on the loan, the draft agreement and its terms, confirmed by the relevant documents, must have a lawyer's opinion.

If the agreement provides for a revolving loan, the borrower is obliged to send a document to the bank before each disbursement of the loan, confirming that the previous reports and guarantees remain in force.

4. Description of the security. If a loan is provided against a certain type of security, this clause of the loan agreement contains it detailed description, supporting documents and indicates the procedure for its handling and use in appropriate situations.

In some cases, commercial banks may enter into an agreement with the borrower to provide a loan without collateral. Such a loan is usually issued to financially stable clients who have a reputation as a reliable payer and are considered by the lending bank as a first-class borrower.

5. The binding terms of the loan agreement impose certain obligations on the management of the borrowing enterprise. One of the most common conditions is the provision by the borrower at intervals established by the contract of financial reports, as well as other information requested by the bank.

In some cases, the loan agreement may oblige the borrower to maintain working capital above a specified level so that he has a stable level of solvency for the period of using the loan.

Banks in Western countries sometimes include in an agreement on a term loan the borrower's obligation to support the management of the company, which satisfies the creditor bank. This is an important condition, since its success depends on the management of the company. In addition, banks often demand insurance from the borrower's leading administrators of the firm, which is difficult to find a replacement.

6. Forbidding conditions. This section provides a list of actions that the borrower undertakes not to take during the entire period of using the loan without prior approval from the lender bank. The purpose of these conditions is to prevent the dispersion of capital and financially weaken the borrower.

A typical prohibition clause is the borrower's obligation not to pledge its assets as collateral for loans from other lenders.

In the practice of foreign banks, the agreement includes conditions that prohibit the borrower from merging and consolidating with other companies without the permission of the bank, selling or leasing assets, and issuing loans. Nor can he act as a guarantor, endorser or guarantor. Such a ban reduces the likelihood of financial difficulties for the borrower and increases the reliability of loan repayment and interest.

7. Limiting conditions - the terms of the agreement, according to which the bank sets restrictions on the actions of the borrower. For example, in order to be sure of the stability of the financial position of the borrower, the lending bank limits the amount of dividends, wages, bonuses and advances paid to employees of the borrowing enterprise. The purpose of the restrictions is to encourage (if not force) the borrower to rely less on borrowed funds and to increase his capital. To prevent a weakening of the financial position of the borrower, the bank may also limit the amount of funds that can be invested in fixed assets, such as industrial buildings and equipment, or funds allocated by the borrower to purchase its own shares and other securities.

8. In the section "Terms of the loan agreement" it is indicated under what conditions the loan agreement should be considered violated. Such conditions include non-payment to the creditor bank of the main part of the debt or loan interest by the due date, the inclusion of false information by the borrower in financial reports, etc.

In addition to the above sections, the loan agreement also contains sections "Responsibility of the parties", "Term of the agreement", "Additional conditions". In the final part of the contract, the legal addresses and payment details of the parties are indicated.