Changing the interest rate under a loan agreement sample. How to conclude an additional agreement to a loan agreement

Anyone who has a free amount of money can increase their capital by providing cash as a loan. However, to protect yourself and minimize risks, you should sign relevant agreement, which guarantees a refund within the appropriate period and under certain conditions.

When is it necessary to conclude?

The loan agreement is legal document, which implies the responsibility of the parties, as well as compliance with the conditions. The parties to the agreement - the lender, transfers property (money or valuables) on loan, the borrower, in turn, undertakes to return an equal amount on an interest or non-interest basis. The lender can be either an individual or a legal entity with available funds. The agreement is concluded in writing and comes into force at the moment of signing. This may be a receipt or other document confirming the transfer of your own material resources to another person. The loan agreement contains the following information:

• Full name responsible parties, passport details;
• loan amount (list of things);
• method of transfer (transfer);
• return date;
• interest rate;
• signatures of the parties to the transaction.

If the borrower has life circumstances that negatively affect solvency, for example, dismissal, illness or bankruptcy, the lender should be notified immediately. IN otherwise, a penalty or an inflated percentage may be imposed in order to compensate for losses. The law provides for a 30-day delay in payment of the debt, however, the lender must be notified about this and drawn up additional agreement to extend the period.

The document is concluded under any conditions of the transaction that require changes to the main agreement, such as:

• extend the term of the loan agreement;
• reduce the loan repayment period;
• change the amount or percentage;
• terminate the deal;
• change the method of transferring money;
• establish or cancel penalties for late payment.

Draw up an additional agreement will also be required if the debt is repaid in advance and in full.

Design features

The agreement is drawn up in writing based on the loan agreement. If the document was registered by government agencies, the addition should also be certified by Rosreestr.

One of the options for repaying debt is a compensation statement. Most often, this additional document, as an application, is issued if it is impossible to return the money for one reason or another. Compensation involves the transfer of property, real estate or valuable papers in exchange for the remaining debt or repayment of interest.

The amendment may completely or partially change the terms of the loan agreement.

The document is required to be drawn up if:

• the loan amount changes;
• it is necessary to provide a deferred payment;
• the value of the currency increases, based on this, a recalculation is required.

The legislation does not regulate the exact form of the document. However, the terms of the additional agreement are described in articles No. 425 and 309 Civil Code of the Russian Federation.

Between individuals

Additional agreement between individuals is in cases of increase credit limit or due date for payment of the debt. If the amount is more minimum wage labor, such an agreement must be certified by a notary, since there is a high probability that the money will not be returned, and it will be extremely difficult to prove the fact of the loan.

The document must contain:

• details of the parties;
• loan agreement number;
• previous additional agreements;
• conditions requiring change;
• extension of the term of the loan agreement.

Between legal entities

The legislation does not regulate restrictions on a loan agreement between legal entities. In most cases, an additional document is drawn up to determine interest rate taking into account inflation. If the main agreement is registered in government agency, changes must also be certified accordingly, in duplicate.

When drawing up an additional agreement between the creditor and the debtor, it is required to indicate in the document:

• fixed loan amount (in Russian or foreign currency);
• interest rate at the time of signing the agreement;
• possibility of changing the percentage in unilaterally;
• choice of exchange rate (basically, the value of the currency is determined by the Central Bank);
• extension of the loan agreement.

When applying for an interest-free loan

Supporters of an interest-free loan agreement can be both individuals and legal entities. However, there are some peculiarities when concluding such transactions. For legal entities, it is prohibited to transfer more than 100 thousand rubles in cash. Foreign currency, by law, cannot be used for loans. If legal entities are interdependent, The tax authorities will require that part of the profit be paid to the state treasury.

The additional agreement requires clear regulation regarding the subject of the loan, the period of compensation and the obligations of the parties in the event of a violation.

Download a sample additional agreement on an interest-free loan between legal entities using the link.

Sample additional agreement

Additional agreement is:

• currency;
• on an interest-free basis;
• compensation;
• with a payment schedule.

The document must include:

• details of the parties, passport details, address and date of conclusion of the agreement;
• number of the main agreement, amount of money, payment method;
• grounds for concluding an additional agreement;
• new terms for interest payments;
• signatures of the parties.

Sample additional agreement to the loan agreement on extension of the term.

Does the additional agreement have legal force?

Additional agreement to the loan agreement on extending the payment period It has legal force after signing. The document is drawn up in two copies. If the agreement was certified by Rosreestr, the additional agreement should also be registered.

Basically, the validity period of the transaction is 2 years, unless otherwise provided by the document. During this period, the loan and interest must be repaid. When drawing up an additional agreement, the term of the agreement is extended for another 2 years.

Additional agreement to the loan agreement

about loan repayment by a third party

[place of conclusion of the agreement] [day, month, year]

[Name of organization], represented by [position, full name], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as “Lender,” on the one hand, and [name of organization], represented by [position , Full name], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as the “Borrower”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:

1. Subject of the agreement

1.1. The parties agree to entrust the fulfillment of the Borrower's obligation to repay the loan and accrued interest for repayment of the loan under the loan agreement dated [day, month, year] N [value] to a third party.

1.2. Within the framework of this agreement, a third party should be considered [indicate the full name of the organization, location and details], which is the buyer under the purchase and sale agreement dated [day, month, year] N [value], concluded between the Borrower and [name of the organization] (hereinafter referred to as text - Buyer).

1.3. The Borrower's obligation to pay the loan amount and accrued interest to repay the loan under the loan agreement dated [day, month, year] N [value] is considered fulfilled at the time of receipt of funds in the amount of the principal debt and interest for the use of the loan from a third party to the Lender's bank account.

2. Rights and Obligations of the parties

2.1. The lender is obliged:

2.1.1. Accept cash from a third party and consider the Borrower’s obligation to repay the loan and pay interest in accordance with the terms of the loan agreement dated [day, month, year] N [value] fulfilled for the appropriate amount.

3. Responsibility of the parties

3.1. The Borrower, who has entrusted the fulfillment of an obligation to a third party, is liable to the Lender for non-fulfillment or improper execution this obligation by a specified third party.

4. Dispute resolution

4.1. For all issues not regulated by this agreement, the Parties will be guided by current legislation Russian Federation.

4.2. All disputes and disagreements that may arise from this agreement or in connection with it, the Parties will try to resolve through negotiations.

5. Final provisions

5.1. This agreement is drawn up in two copies having equal legal force, one for each of the Parties.

5.2. This agreement comes into force from the moment it is signed.

5.3. This agreement is integral part loan agreement from [day, month, year] N [value].

Life is filled with different unexpected situations. Year after year, growing inflation rates and declining real incomes of the population force us to “tighten our belts” and save even on the most necessary things.

And if the need to pay a loan is added to everyday expenses, life can turn into a complete nightmare. But it can still be fixed.

In what cases is

Add. an agreement is concluded if the borrower, due to unforeseen circumstances, is unable to make loan payments at the established interest rate or within the appropriate time frame.

The reasons may vary, but in most cases - financial difficulties. Although the initiator of concluding an auxiliary transaction can be not only the borrower, but also the lender.

Here are just some of the reasons under which the participants in the procedure can agree to change the initial conditions:

• the need to adjust the payment schedule - change payment terms or assign a deferment for payment;
• reduction or increase in interest rates;
• changing the date of the monthly payment, its size;
• establishing new conditions on penalties for delays;
• other reasons.

The main point to remember is additional agreement is concluded when a change in essential conditions is required.

That is, it doesn’t matter who wants to make changes, what and how - all this is done by drawing up new paper, because corrections to the original document are not allowed.

Features of the conclusion

The auxiliary contract is an integral part of the loan agreement. Upon termination of the main obligation this agreement will also lose its legal force.

The document begins to be valid from the moment it is signed. The transaction can be concluded either verbally or verbally. in writing. It all depends on the form in which the main contract was drawn up.

Thus, the law stipulates that loan agreements must be concluded in written form if:

• the amount is more than 10 minimum wages established in the region where the transaction was concluded;
• The parties to the process are legal entities, or a legal entity and a citizen.

Note! The auxiliary contract is concluded in the same form as the main one. The law requires a simple written form, but if the parties initially entered into a loan agreement in notarial procedure, then additional The contract must be notarized.

• fill in ballpoint pen with blue or black paste;
• write in legible handwriting.

You can also draw up a document using office equipment. Corrections are not allowed - otherwise, the document may be declared invalid.

Between individuals

If the main contract was concluded between citizens in writing, then the additional agreement to the loan agreement must be concluded in writing.

If the parties signed the main document with a notary, it is no longer possible to do without his services when drawing up an additional document. This is due to the rules of law regulating the obligation of the parties to enter into ancillary agreements in the same form as the main ones.

Between legal entities

Legal entities are much more free in matters of drawing up and concluding various contracts. The law practically does not impose any restrictions - transactions can be concluded both for compensation and for free of charge, both inside and outside the company.

For example, in practice there are cases of issuing interest-free loans between:

• organization and founder;
• employee and the company for which he works.

In these cases additional information is also needed. document describing changes made. The law does not provide any exceptions to such forms of transactions.

Advice! Legal entities can change essential conditions contract only when mutual agreement! However, the main agreement may contain a provision granting the right to one party to the transaction to unilaterally change the conditions.

Video: How to extend

Additional agreement to the loan agreement on extension of the term

An extension of the loan repayment period may be required in cases where the debtor, due to difficult life circumstances, cannot repay the debt within the originally stipulated time frame.

In this case, with the consent of the lender, the parties can draw up a document that will contain a condition for extending the period.

Not in all cases, an extension of time may be required due to the borrower’s lack of the required amount money by the specified date.

Often, the debtor requires additional financing, for example, for the implementation of a large project. Accordingly, the issuance of additional the amount of money also provides for an increase in the period - after all, a long monthly payment

It may not be feasible for everyone.

About increasing the loan amount Typically, contracts to increase the loan size are concluded when the borrower is an organization. Individuals usually they just take it new loan

, extinguishing both at the same time. Legal entities have a different specificity - the funds on the balance sheet of the enterprise “do not stand still.” We constantly have to buy new equipment, attract additional labor

or invest in innovative processes. All this requires capital investments , to provide for initial stage

It is not always possible to carry out a transaction. Therefore, an ancillary contract for increasing the loan size will be very useful. If the lender is

credit structure

• , then the debtor prepares a petition to the bank in the prescribed form.
• It must indicate:

There is no unified application form, so it can be drawn up in free form. The clearer and more competently the facts are presented in the letter, the higher the chances that credit institution will approve the application and change the terms of the original agreement.

About interest rate changes

If a citizen takes an ordinary consumer loan, his relationship with credit institution will be regulated:

• Civil Code of the Russian Federation;
• 353-FZ;
• other regulations.

So, part 16 of Art. 5 Federal Law No. 353 regulates the right of banks to unilaterally change the interest rate, but only downwards.

At the same time, the borrower must be notified of such actions in writing (by mail), and if, simultaneously with the reduction in the interest rate, the payment schedule also changes, then the debtor must also be provided with an updated repayment scheme.

Interest on a loan cannot be changed upward without the consent of the debtor. Accordingly, add. a contract to increase the rate can only be concluded with mutual consent of the parties.

If a bank violates the law and increases the interest rate for using borrowed funds, these actions can be appealed in court.

Cases of percentage reduction are much more common. Banks meet customers halfway and provide profitable ways debt restructuring. Moreover, lowering the rate means getting at least part of the money from the borrower rather than not getting it at all.

But such deals are not always really profitable - overpayment in long term may increase, especially with a significant increase in the loan term.

Also, the practice of reducing the rate occurs when the borrower decides to provide collateral - for example, real estate collateral or solvent guarantors.

In this case, the rate may be reduced due to a reduction in the risk of loan non-repayment.

Legal force Add. the agreement comes into effect legal force from the moment of its signing. Accordingly, from this moment on legal consequences

failure to fulfill obligations for each party. Participants in the procedure may enter into several ancillary agreements. For example, one of them will regulate changes in the interest rate, and the other will regulate the increase in the amount. In this case, documents can be drawn up in different time

– their action and legal force will be mutually independent.

Based on Part 2 of Art. 425 of the Civil Code of the Russian Federation, participants in the process must indicate the corresponding provision in the document, otherwise the effect of additional the agreement will apply to relations arising after its conclusion.

Along with the expiration of the main transaction, the additional agreement also loses its force. At the same time, liability for improper fulfillment of obligations both under the main and additional ones. agreements are not terminated (Part 4 of Article 425 of the Civil Code of the Russian Federation).

Either party has the right to go to court on the grounds provided by law, during total term limitation period– 3 years (Part 1 of Article 196 of the Civil Code of the Russian Federation). The deadlines can be restored only in the presence of exceptional circumstances regulated by Art. 205 of the Civil Code of the Russian Federation.

Add. agreement to already current agreement about a loan - an opportunity for legally and without legal proceedings make changes to existing conditions agreements.

The consent of both participants in the process is necessary - if at least one does not accept the new terms of the transaction, the issue can only be resolved within the framework of legal proceedings.

An additional agreement to a loan agreement is a document that allows the parties to document changes in the terms of an already concluded transaction. In what cases and how this document is drawn up, our article will tell you.

Increasing the loan amount and other amendments to the agreement

In accordance with civil law the terms of the transaction, initially fixed in the contract, may subsequently be changed by the parties. Relationships in the area of ​​debt obligations are no exception. At the same time, changes to previously agreed conditions under loan agreements are carried out on the basis of general civil provisions provided for transactions of any type.

According to Art. 450 Civil Code RF, changing the terms of an already concluded agreement is possible:

1. On agreement of the parties.
2. By court decision (if the counterparty significantly violates the existing terms of the contract). In this case, it is advisable to send a preliminary request to the counterparty to voluntarily change the terms of the transaction.

Changes to the contract may be made due to the need:

• deferment of debt repayment;
• making changes to the loan terms;
• adjustments to the loan amount (both upward and downward);
• interest rate adjustments;
• correction of the frequency of loan payments;
• reforming the terms of liability of the parties.

Additional agreement to the loan agreement

Adjustments made to the contract are recorded using an additional agreement, which is drawn up in the same form as the main contract. That is, if base document formed in writing, then the additional agreement to the loan agreement must be drawn up in writing. If at the same time basic documentation is certified by a notary, then the execution of an additional agreement also requires contacting a notary.

Once signed by the parties, the additional agreement becomes an integral part of the contract. The law does not contain any restrictions on the number of additional agreements, i.e. an unlimited number of them can be concluded.

There is also no form of additional agreement established by law. Meanwhile, taking into account law enforcement practice and the type of main contract can be distinguished following information, which must be reflected in the additional agreement to the loan agreement:

1. Identification data of the counterparties who entered into the basic contract and the additional agreement to it, as well as a link to the details of the main contract document.
2. The essence of the changes being made, listing the clauses of the contract that are being adjusted, and the wording in the new edition.
3. Details and signatures.

Sample additional agreement to the loan agreement

We suggest looking at the additional agreement to the loan agreement using the example of adjusting the loan amount upward. The additional agreement in this case will look something like this:

Additional agreement No. 1 to loan agreement No. 100 dated 02/01/2017

Voronezh, 07/07/2017

Advance LLC, hereinafter referred to as the Lender, represented by General Director V.P. Ivanov, acting on the basis of the Charter, on the one hand, and Alpha Plus LLC, hereinafter referred to as the Borrower, represented by General Director S. Yu. Ivanov, acting on the basis of the Charter, on the other hand, they entered into an additional agreement on the following:

1. Make adjustments to clause 2.1 of agreement No. 100 dated 02/01/2017 and state it in next edition: “The loan amount under this agreement is 2,500,000 (two million five hundred thousand) rubles.”
2. In all other respects that are not provided for in this additional agreement, the counterparties will be guided by the terms of the loan agreement No. 100 dated 02/01/2017.
3. This additional agreement is an inseparable part of the agreement, drawn up in 2 copies having equal legal force.
4. This additional agreement comes into force from the moment of signing and is valid until the end of the contract. The money is transferred to the borrower at the time of signing this agreement.
5. Details and signatures of the parties: (details and signatures of the parties are indicated).

Thus, despite the fact that the additional agreement to the loan agreement is drawn up in free form, it must, firstly, correspond to the form of the main document, and secondly, contain all necessary information, allowing for an unambiguous interpretation of the changes made to the main agreement.

An additional agreement on the extension of the loan agreement allows you to competently resolve the issue when the borrower cannot fulfill financial obligations to the lender. The main condition for drawing up a document is mutual agreement parties to make certain changes into the main loan agreement.

Key points:

• the document has full legal force;
• signed by both parties to the legal relationship;
• changes the articles of the main loan agreement;
• used to create a document standard sample;
• the presence of errors, inaccuracies and omissions is unacceptable;
• filling by hand or typewritten text;
• rates, terms, amounts of funds are written in numbers and letters;
• The document is drawn up in 2 copies - for the creditor and the debtor.

The borrower's first step is written request to the lender. It must indicate the objective reasons contributing to the lender’s inability to fulfill obligations, provided for in articles main contract.

This could be a salary reduction, failure to receive the expected profit from the business, or a desire to extend the loan agreement due to current circumstances.

Note

Terminate the completed and signed add. the agreement is impossible - it can only be terminated new document. There are no restrictions on making changes by law - they can relate to any articles, clauses and conditions.

Procedure for drawing up an agreement

The borrower sends a letter to the lender asking them to consider changing the terms of the loan based on objective reasons. At positive decision creditor, the parties agree to make changes, draw up and sign an additional agreement.

In a new document, compiled strictly according to approved form, the following information is present:

• title of the document, date and place of preparation;
• details of the parties entering into the additional agreement;
• number of the existing loan agreement and date of conclusion;
• new conditions changing clauses of the loan agreement;
• additional validity period agreements, signatures of the parties to the transaction.

The agreement allows the borrower to restructure the debt and take timely measures to resolve financial obligations without litigation - to resolve the issue in a civilized manner on completely acceptable terms.

There are cases when the borrower wants to extend the loan repayment period. The extension of the loan agreement is carried out at the request of the debtor with the consent of the creditor. To do this, the parties draw up and enter into an additional agreement, which specifies the terms and duration of the extension of the loan agreement, they approve new schedule payments.

To increase the loan repayment period, a microfinance organization offers the borrower to pay interest and extend the deal for another term. The loan agreement can be extended no more than 10 times. The extension of the contract between individuals and legal entities is unlimited. The main condition is the consent of the lender.

Options for drafting and types of agreements

An additional agreement is concluded between the subjects of legal relations: legal entities, citizens, individuals and legal entities. When citizens sign loan papers from a notary, they must use the services of a specialist to conclude a new document.

Note

It's connected with legislative norms, determining the need to conclude additional agreements in the same order in which the main agreement was concluded.

Legal entities have the right to draw up and enter into all types of agreements with or without remuneration.

What changes does the add. agreement:

• aspects of extending the loan repayment period. Thanks to the schedule change monthly payments the amount of contributions will be less and will allow the borrower to pay the lender;
• increasing the amount of the loan agreement. The agreement is concluded when the borrower needs more targeted funds to solve specific problems, and the lender is ready to lend them;
• interest rate changes. This is possible if the interest rate of the main agreement depends on the level of inflation (decrease or increase in the exchange rate) or the refinancing rate of the Central Bank;
• amendments to the main interest-free loan agreement. Such transactions are concluded primarily between legal entities.
• changes to the debt repayment schedule. The lender is considering the possibility of deferring interest payments to last installment, and the borrower will repay the loan amount monthly.

Legal validity and legal aspects

A document drawn up in two copies receives legal force from the moment of signing; the lender and borrower become liable for failure to comply with obligations.

In cases where the parties enter into several additional agreements (change of term, interest rate, amount, schedule) in different times, the action and legal force of each of the documents will be mutually independent.

After the loan agreement expires, the additional agreement expires, but legal liability parties on it does not stop.

Legal aspects:

• the additional agreement applies to legal relations that arose before its conclusion;
• if additional the agreements relate to the interest rate, and several documents have been executed, then the last one is considered valid;
• prolongation of the main loan agreement automatically extends the validity period of the additional agreement;
• Only a correctly drawn up auxiliary agreement without corrections, signed by both parties, has legal force.

Thanks to additional agreements that contain changes to the main loan agreement, the financial burden on the borrower is reduced, and the lender continues to receive payments. This is a competent way to resolve relations between the parties without going to court, imposing penalties and penalties, which further aggravate financial position borrower.