How to lend money correctly? This question excites many people. Some simply want to help their friends and relatives, but they fear that after that they will not see their money again. As in the good old saying: "If you want to lose a friend, give him a loan."
Others seek a certain benefit in this and borrow at interest, turning into a kind of microfinance organization. But if the latter are protected by all kinds of federal laws, then citizens-creditors often simply “give” their savings. We will talk about how to lend money correctly.
The main rule is a written contract without fail
Any amount in excess of 1 thousand rubles must be accompanied by written agreements.
This is an obligation for an individual according to the Civil Code of the Russian Federation. For legal another law - any amount is drawn up by contract. Therefore, the first rule on how to properly lend money is to conclude a written agreement.
Lender or lender?
Under the agreement, the borrower will be called the borrower, and the giver - the lender. Not a lender. It is important. With this wording, problems may arise in court with the lender himself. A defendant with a competent legal position can simply annul the contract, citing the fact that an individual cannot be a creditor.
But, as they say, “you can’t get the word out”. Therefore, we advise you to process absolutely any amount through a loan agreement.
How to tell a friend about this?
Many citizens are uncomfortable, and sometimes just too lazy to draw up all kinds of written documents. They give money, hoping for honesty and decency. Of course, this is their right. We are just talking about how to properly lend money from the point of view of jurisprudence, so that later there is something to show in court.
But what if you do not want to offend your friend with all kinds of notes? There are people who are not comfortable offering this. On the one hand, they want to play it safe, and on the other, they are afraid to offend a person. After all, it is not known how a friend will perceive this information. Perhaps he after the proposal to conclude a loan agreement more and will not be considered as such. There are some tricks for this:
- Tell the person that in this way your lawyers or you yourself have learned to return income tax. Like, I help you, and you help me. To all questions about how this can be “cranked up”, evasively answer: “They will help me”, “There is a friend who will do it”, etc. From a legal point of view, this is utter nonsense, but a friend is unlikely to be a lawyer. In addition, in the legislation there are many cases of tax deductions and benefits, without diving into this topic it is immediately difficult to figure out. As an option, we can say that it is necessary to submit income and expenses to social protection to apply for a subsidy, and a loan agreement will help reduce the “profit” of the family budget. It is unlikely that a friend will go to understand. If he needs money, he will most likely sign the document.
- To issue everything through supposedly intermediaries. For example, you have money, but it is "in the turnover of a mutual fund." To pick them up from there, you need a loan agreement. Without it, you simply cannot get this money.
You can think of other ways. But know one thing: if they are going to return the money to you, then they will sign any contract. These tricks are needed so as not to offend a friend. A legally educated person will understand that all this is a fiction, but he will sympathize with such a contract. You can not come up with any reason, but simply say directly: "I'll give you money, sign the document."
How to lend money on receipt: sample writing
The receipt is drawn up in any form. But there is one rule - the more information, the better. It should contain the following data:
- Exact information about the lender and the borrower. This is the last name, first name, middle name, address of registration and actual residence, passport data. Remember: claims to the court must be filed at the place of registration of the borrower. In the Code of Civil Procedure of the Russian Federation this is called “territorial jurisdiction”.
- The amount in rubles in words. The correct wording: "5 (five) thousand rubles", which necessarily spelled out both digital and verbal meaning.
- If money is taken in dollars or euros, it is necessary to specify in detail at what rate the Central Bank will return (on the day of the loan or refund). An example is foreign currency mortgages. Many people sue banks to recalculate their debt at the rate at the time of taking the loan. Recall that the ruble from 2014-2016 “fell” twice in relation to the dollar and the euro. One court case was even won due to the lack of thought of the contract. To avoid such incidents, it is better to prescribe everything in more detail.
- Return term. In the absence of this clause, the debt must be repaid within 30 days.
- Signature. Must be done by the borrower. Remember: a signature without decryption is not valid, no matter what examination is then appointed.
- Data on witnesses. It is advisable that they also put personal signatures.
- Additional terms. Sureties, interest, guarantees, penalties , etc.
Desirable but optional
Now we know how to lend money correctly, what documents to draw up at the same time. First of all, this is a receipt or loan agreement. Now about what is desirable to do during its design, but not necessarily:
- Address to the notary. It does not provide any additional benefits in court with the correct receipt. But a certified notarial signature psychologically places additional responsibility on the borrower.
- Finding witnesses. Their participation is optional in the preparation of the receipt. This is not a two-witness search protocol. Therefore, the phrase: “Bring witnesses that I signed it” - it sounds silly. It is enough to conduct a handwriting examination, and everything will fall into place. In addition, she will have to pay the defendant after winning the court.
Is the contract interest free?
Now let's talk about percentages. This is always a sore subject in court. As a rule, when the borrower urgently needs money, he agrees to any percentage. But, as in the famous catch phrase, "you take someone else's - you give yours." When the time comes to return the money, disagreement with interest begins, that is, no one disputes the amount of the principal debt (this is useless). They are trying to reduce precisely interest, penalties and fines.
As for the legislation, there is no clear position. Courts, at their discretion, decide how much interest, fines and forfeits are payable. This is not regulated in any way. In addition, the Supreme Court of the Russian Federation ordered the lower courts to mandatory apply the articles of the Civil Code of the Russian Federation to reduce interest, fines, and forfeits.
Therefore, having given 10 thousand rubles at 25% per annum with fines and penalties for each day of delay in a few years, you can return 10 thousand + 100 rubles.
And now the other side of the coin. If the receipt does not indicate the percentage for using money, then by default it is assumed that it is. The borrower is required to pay a percentage of the refinancing rate of the Central Bank of the Russian Federation. It changes annually.
What is a refinancing rate?
The refinancing rate is the percentage at which the Central Bank of the Russian Federation lends to other banks and credit organizations. This is the amount above inflation. Therefore, before you properly lend money on receipt, you need to find out the key refinancing rate. It is important if the receipt does not indicate the amount of interest.
How to lend money on bail
Now let's talk about the so-called security loans. More precisely, how to properly lend money at interest with a pledge. The latter is usually a car or apartment.
Let's start with the vehicle. Legislation allows private investors to lend money against a car. Two options are available:
- The vehicle is in temporary use with the owner until the end of the calculation.
- Cars are parked in a special parking lot. Then it is necessary to take measures to ensure safety.
But how to lend money on the security of a car? The main points of the contract:
- Dates, loan rates, sizes of prolongation.
- 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 vehicle equipment, so that in case of failure to fulfill the contract not to get the frame from it, if the vehicle remains with the owner.
Remember that according to the Law “On Pledge” the agreement will be invalid if it does not comply with the established form.
In addition, notaries have the right to register a pledged transaction in a special register at the request of the pledge holder. This minimizes fraudulent schemes. For this, in addition to notary services, you will have to pay a state fee. But the main advantage is the registration of the contract, which gives guarantees to both parties.
But if the vehicle is laid several times? Then the right to it is obtained by the person who first officially registered the transaction. A loan agreement secured by a car is considered concluded from the moment of transfer of money. It is spelled out in the Civil Code of the Russian Federation.
Secured by an apartment
Now about how to properly lend money secured by real estate. The first thing to do is to carefully study all the documents for the apartment. Perhaps she is already pledged. Of course, this is fraud on the part of the borrower - not to inform the lender about it, but the latter has little material benefit.
The security deposit for the apartment, as well as with the car, is accompanied by registration at the Rosreestr. In the contract itself, in addition to the main points, you can specify the rule of pre-trial alienation of the apartment.
What are the benefits of registering a pledged transaction in Rosreestr
The main advantage of an official transaction in a government agency is the safety for both parties from fraud. If the agreement has passed Rosreestr, then the apartment or car is not officially pledged. 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 officially registered the transaction.
Summary
Thus, we tried to answer the question of how to lend money correctly.
The first rule is to record any amounts documented. Do not be afraid to ask for a receipt.
The second rule is to ask for a security deposit for a loan of large amounts. This may be a car, real estate, securities, antiques, etc. We have already said about the main nuances of how to lend money correctly on the security of a car or apartment. The main thing is to register all transactions through a notary public in Rosreestr. Remember that if you entered into a contract with security in this state body, and then it turned out that you are not the first applicant for a car or apartment, then the court will be on your side. Here the rule applies - whoever first registered with Rosreestr, that is the guarantee.
We hope you now know how to lend money correctly. After all, forewarned means armed.