How to give money on a loan right on receipt

How to give money in debt right? This question worries many people. Some just want to help their friends and relatives, but they are afraid that after this they will not see their money again. As in the old good saying: "If you want to lose a friend, give it to him."

Others are looking for a certain benefit in this and borrowing at interest, turning into a kind of microfinance organization. But if the latter are protected by all sorts of federal laws, then creditor citizens often simply "give" their savings. We will talk about how to give money in debt correctly.

The main rule is a written contract without fail

Any amount in excess of 1 thousand rubles must necessarily be accompanied by contracts in writing. This is a duty for an individual under the Civil Code of the Russian Federation. For legal entities, another law - any amount is made out in an agreement. Therefore, the first rule, how to properly lend money, is to conclude a written agreement.

The creditor or the lender?

Under the contract, the borrower will be called the borrower, and the lender will be called the lender. Not a lender. This is important. With this formulation, problems can arise in court with the lender himself. Respondent with a competent legal position can simply cancel the contract, referring to the fact that an individual can not be a creditor.

But, as they say, "you can not send a word to business." Therefore, we advise absolutely any amount to make out through a loan agreement.

How to tell a friend about this?

Many citizens are uncomfortable, and sometimes just too lazy to draw up all sorts of written documents. They give money, hoping for honesty and decency. Of course, this is their right. We are only talking about how to properly lend money from the point of view of jurisprudence, so that later there is something to show at the trial.

But what if I do not want to offend a friend with all sorts of notes? There are people who are uncomfortable with it. They, on the one hand, want to hedge, and on the other - are afraid of offending a person. After all, it is not known how this friend will take this information. Perhaps, after a proposal to conclude a loan agreement more, it will not be considered as such. There are some tricky tips for this:

1. Tell the person that in this way your lawyers or you yourself have learned to return income tax. Like, I help you, and you - to me. To all questions about how it can be "turned over", evasive to answer: "They will help me," "There is an acquaintance who will do it," etc. From the legal point of view this is utter nonsense, but a friend is unlikely to be a lawyer. In addition, the legislation has many cases of tax deductions and benefits, without immersing oneself in this topic it is at once difficult to comprehend. Alternatively, it can be said that it is necessary to file income and expenses in social protection for processing a subsidy, and the loan agreement will help reduce the "profit" of the family budget. It's unlikely that a friend will understand. If he needs money, he will most likely sign the document.
2. To issue all through supposedly intermediaries. For example, you have money, but they are "in the turnover of a unit fund." To take them from there, you need a loan agreement. Without him, just do not get this money.

You can come up with other ways. But know one thing: if you are going to return money, then sign any contract. These tricks are needed not to offend a friend. A legally educated person will understand that all this is a fiction, but he will sympathize with such a treaty. You can not think of any reasons, but just say directly: "I'll give you money, sign the document."

How to properly lend money against a receipt: a sample of writing

Receipt is made in an arbitrary form. But the rule is one - the more information, the better. It should contain the following data:

• Accurate information about the lender and the borrower. This is the surname, name, patronymic, registration and actual residence addresses, passport data. Remember: the claim to the court must be filed at the place of registration of the borrower. In the civil procedure code of the Russian Federation this is called "territorial jurisdiction".
• The amount in rubles in words. The correct wording: "5 (five) thousand rubles", where both the digital and the verbal meaning are mandatory.
• If the money is taken in dollars or euros, it is necessary to specify in detail at which rate the Central Bank will return (on the day of the loan or return). An example is currency mortgages. Many people are suing banks in order to recount their debt at the rate at the time of taking the loan. Recall that the ruble from 2014-2016, "fell" in half with respect to the dollar and the euro. One case was even won in connection with the ill-considered contract. To avoid such incidents, it is better to register everything in detail.
• Term of return. In the absence of this item, the debt must be returned within 30 days.
• Signature. Must be made by the borrower. Remember: the signature without decryption is invalid, no matter what examination it is then appointed.
• Data on witnesses. It is desirable that they also put personal signatures.
• Additional conditions. Guarantors, interest, guarantees, penalties , etc.

Preferably, but not necessarily

Now we know how to properly lend money, what documents to make while doing so. First of all, this is a receipt or loan agreement. Now about what it is desirable to do with its design, but not necessarily:

1. Appeal to the notary. Does not give any additional advantages to the court with the proper execution of the receipt. But a certified notarial signature psychologically lays additional responsibility on the borrower.
2. Finding witnesses. Their participation is not necessary in drawing up a receipt. This is not a screening protocol involving two witnesses. Therefore the phrase: "Bring witnesses that it was signed by me" - sounds silly. It is enough to conduct a handwriting expertise, and everything will fall into place. In addition, it will have to pay the defendant for it after winning the court.

The contract is interest-free?

Now let's talk about the percentage. This is always a painful topic in court. As a rule, when a borrower needs money urgently, he agrees to any interest. But, as in the famous winged phrase, "you take someone else's - you give yours." When the time comes to return money, disagreement with interest begins, that is, no one disputes the amount of the principal debt (it is useless). Trying to reduce the interest, penalties and fines.

As for the legislation, there is no clear position. Courts at their discretion decide what amount of interest, penalties and penalties are payable. This is not regulated. In addition, the Supreme Court of the Russian Federation has indicated to courts of lower instances that it is compulsory to apply articles of the Civil Code of the Russian Federation on reducing interest, penalties, and penalties.

Therefore, after giving 10 thousand rubles at 25% per annum with fines and penalties for each day of delay, after several years, you can return 10 thousand + 100 rubles.

And now the other side of the coin. If the receipt does not specify the interest for using the money, then by default it is assumed that it is. The borrower is obliged to pay a percentage of the refinancing rate of the Central Bank of the Russian Federation. It changes every year.

What is the refinancing rate?

The refinancing rate is the percentage that the CBR lends to other banks and credit institutions. This amount is higher than inflation. Therefore, before you properly give money in a loan against a receipt, you need to know the key refinancing rate. It is important if the interest is not indicated in the receipt.

How to properly lend money on bail

Now let's talk about the so-called security loans. Or rather, how to properly give money in debt at interest with a mortgage. As a last, usually a car or an apartment.

Let's start with the vehicle. Legislation allows private investors to lend money on a car mortgage. There are two options:

• The vehicle is in the temporary use of the owner before the end of the calculation.
• The car is placed on a special parking lot. Then it is necessary to take measures to ensure safety.

But how correctly to give money in debt on the security of the car? The main points of the agreement:

• Terms, loan rates, extension.
• The subject of the pledge, its transfer (with the relevant acts, documents for the car, tickets, etc.).
• Duties of the parties.
• A detailed description of the equipment of the car, so that in case of failure to perform the contract, do not receive a frame from it, if the vehicle remains with the owner.

Remember that according to the Law "On Pledge" the agreement will be void if it does not conform to the established form.

In addition, notaries have the right to register a transaction with a pledge in a special registry at the request of the pledgee. This minimizes fraudulent schemes. For this, in addition to the services of a notary, you will have to pay a state fee. But the main advantage is getting the registration of the contract, which gives guarantees to both persons.

But if the TS is laid several times? Then the person who first registered the transaction officially gets the right to it. A loan agreement on the security of an auto is considered to be concluded from the moment of transfer of money. This is spelled out in the Civil Code of the Russian Federation.

On the security of an apartment

Now about how to properly give money on a loan secured by real estate. The first thing to do is to carefully study all the documents for the apartment. Perhaps it is already in the mortgage. Of course, this is a fraud on the part of the borrower - do not report this to the lender, but the latter from this is of little material use.

The mortgage on the apartment, as well as with the car, is accompanied by registration in Rosreestr. In the contract, in addition to the main points, you can specify the rule of pre-trial alienation of the apartment.

What are the advantages of registering a security transaction in Rosreestr?

The main advantage of the official transaction in the state body is the security for both sides from fraud. If the contract was Rosreestr, then the apartment or car is not officially in pledge. At least, the state agency does not know anything about this. So, in court, the law will be on the side of the lender, who registered the deal formally.

Results

Thus, we tried to answer the question of how to give money in debt correctly.

The first rule is to fix any amounts documented. Do not be afraid to ask for a receipt.

The second rule is that you require a collateral for large amounts of loans. It can be a car, real estate, securities, antiques, etc. On the basic nuances of how to give money on a loan correctly on the security of an auto or apartment, we have already said. The main thing is to register all transactions through a notary in Rosreestr. Remember that if you signed a contract with the security in this state body, and then it turned out that you are not the first applicant for a car or an apartment, then the court will be on your side. Here there is a rule - who first registered in Rosreestr, then pledge.

We hope, now you know how to give money in debt correctly. After all, forewarned - it means armed.