Loan to major children

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Sreekumar (Querist)
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03 April 2017 Can parents give loans to adult children with ZERO percent interest?. What is the procedure/ and agreement format if any.

CA PRAVEEN SINGHAL

CA PRAVEEN SINGHAL (Expert)
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03 April 2017 Dear Shreekumar,
Parents can give a loan to child at zero interest rate.
There are no formalities as such but prepare a loan agreement as a evidence.

Sreekumar

Sreekumar (Querist)
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04 April 2017 Thanks a lot. Can u briefly tell about the procedure of making loan agreement.

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Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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03 August 2024 Certainly! A loan agreement is a formal document that outlines the terms and conditions of a loan between a lender and a borrower. Here’s a brief overview of the procedure to create a loan agreement:

### **1. **Preparation and Planning**

**Determine Loan Terms:**
- **Principal Amount:** The amount of money being borrowed.
- **Interest Rate:** The cost of borrowing, expressed as a percentage.
- **Repayment Schedule:** Dates and amounts of payments (e.g., monthly, quarterly).
- **Loan Term:** The duration over which the loan will be repaid.
- **Purpose of Loan:** The reason for borrowing.

**Gather Necessary Information:**
- **Lender’s Details:** Name, address, and contact information.
- **Borrower’s Details:** Name, address, and contact information.
- **Collateral (if any):** Assets pledged as security for the loan.

### **2. Drafting the Agreement**

**Include Essential Clauses:**
- **Parties Involved:** Identification of the lender and borrower.
- **Loan Amount and Disbursement:** Details of the amount and how it will be disbursed.
- **Interest Rate and Calculation:** How interest will be applied and calculated.
- **Repayment Terms:** Schedule, method of payment, and any prepayment options.
- **Default Terms:** Conditions under which the borrower will be in default and the lender's remedies.
- **Governing Law:** The legal jurisdiction that will govern the agreement.
- **Signatures:** Both parties must sign the agreement to make it legally binding.

**Sample Clauses:**
- **“The Lender agrees to loan [Amount] to the Borrower at an annual interest rate of [Rate]. The Borrower agrees to repay the loan in [Number] monthly installments of [Amount], commencing on [Start Date].”**
- **“If the Borrower fails to make a payment within [Number] days of the due date, the Lender may declare the entire loan amount immediately due and payable.”**

### **3. Review and Finalize**

**Consult a Legal Professional:**
- Have a lawyer review the agreement to ensure it complies with applicable laws and accurately reflects the agreed terms.

**Amendments and Additions:**
- Make any necessary changes or additions based on legal advice or further negotiations between the parties.

**Sign the Agreement:**
- Both parties should sign the agreement in the presence of a witness, if required.

### **4. Execution and Record Keeping**

**Disbursement of Loan:**
- The lender disburses the loan amount according to the terms specified in the agreement.

**Document Storage:**
- Keep copies of the signed agreement and any related documents for future reference.

**Compliance:**
- Ensure ongoing compliance with the terms of the agreement, such as timely repayments and interest payments.

### **5. Additional Considerations**

**Amendments:**
- Any changes to the loan terms should be documented in an amendment agreement.

**Legal and Tax Implications:**
- Be aware of any legal or tax implications related to the loan, such as reporting requirements or interest deductions.

### **Summary**

Creating a loan agreement involves determining the loan terms, drafting a formal document with essential clauses, reviewing it with legal counsel, and ensuring proper execution and record-keeping. Both parties should clearly understand their rights and obligations under the agreement to prevent disputes and ensure a smooth loan process.