Ready to use legal template
Drafted by experienced lawyers
Compliant with Filipino law
Ready to use legal template
Drafted by lawyers
Compliant with Filipino law
Home › Business contracts › Loan agreement
Learn more about Loan Agreement in Philippines
A Loan Agreement is a legally binding contract between two individuals, outlining the terms of a personal loan. It specifies key details such as the loan amount, repayment schedule, interest (if any), and consequences of non-payment, ensuring clarity and protection for both the lender and the borrower. In the Philippines, a properly drafted Loan Agreement is essential for avoiding misunderstandings and disputes when lending or borrowing money between friends, family, or private parties. Without a formal agreement, verbal promises can lead to legal and financial risks. Download our expert-drafted Loan Agreement, fully editable in Word format and designed for private lending in the Philippines to ensure a clear, fair, and enforceable arrangement for your personal loan transactions.
Table of contents
What is a Loan Agreement?
A Loan Agreement, also known as a term loan, demand loan, or loan contract, is a legal document that details a financial agreement between two parties, one of which is the lender and the other the borrower.
This contract outlines the loan amount, any interest rates, the repayment schedule, and payment dates. A written contract provides both the borrower and the lender with a clear overview of the loan’s conditions.
A secured loan is one that is provided and backed by collateral to be utilised if the borrower is unable to make payments. Collateral is often a tangible item that may be seized and/or sold by the lender to pay off the loan’s outstanding balance. A vehicle, a house, stocks, or bonds can all be used as collateral.If the contract does not include a collateral provision, the lender will have to go to court to confiscate any of the borrower’s assets. The lender may still have to go to court to take the collateral with a provision in place, but the procedure is usually faster.
An unsecured loan is one that is made without the use of collateral. When lending money to friends or family members, these types of loans are more usual. Unsecured loans may have higher interest rates to compensate the lender for the risks of lending money without collateral.
Banks must follow the Reserve Bank of India’s instructions on charging interest rates.
ℹ️ Loan Agreement Applicable Laws: This agreement is governed by the general principles of the Contract Act of 1872. The Companies Act of 2013 governs the provision of loans, guarantees, or security by corporations to their directors (whether directly or indirectly).
What is included in the Loan Agreement?
It should include all relevant terms and conditions. Among other things, the following clauses must be mentioned in a loan agreement:
➤ The parties' pertinent personal information, such as their full names, residence addresses, and ages |
➤ The loan's justifications |
➤ The amount paid as well as the mode of payment |
➤ The loan's duration or term |
➤ The security that must be provided |
➤ The loan repayment method |
➤ The interest rate |
➤ A penalty provision that specifies the amount of the penalty if the borrower fails to return the loan on time |
➤ General terms such as agreement termination, relevant laws, arbitration clause, and so on.) |
➤ The date the deal was signed |