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Forgivable Loan Agreement for the United States

Forgivable Loan Agreement Template for United States

A Forgivable Loan Agreement is a legally binding document used in the United States that outlines the terms and conditions under which a loan may be partially or fully forgiven, provided certain conditions are met. The agreement details the loan amount, interest rate, repayment terms, and specific criteria for forgiveness. It incorporates federal and state lending regulations, tax implications of debt forgiveness, and may include program-specific requirements depending on the nature of the loan.

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Forgivable Loan Agreement

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What is a Forgivable Loan Agreement?

The Forgivable Loan Agreement is commonly used in situations where the lender aims to incentivize specific behaviors or outcomes through the possibility of debt forgiveness. This document type gained particular prominence during the COVID-19 pandemic through the Paycheck Protection Program but is also frequently used in employee retention programs, educational institutions, and community development initiatives. The agreement must comply with U.S. federal and state lending laws, including Truth in Lending Act requirements and state-specific usury laws. It typically includes detailed forgiveness criteria, compliance requirements, and tax implications of the debt forgiveness.

What sections should be included in a Forgivable Loan Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan and purpose for which it is being made

3. Definitions: Key terms used throughout the agreement including loan amount, interest rate, maturity date, and forgiveness terms

4. Loan Amount and Terms: Principal amount, interest rate, and repayment schedule

5. Forgiveness Conditions: Specific conditions under which the loan may be forgiven

6. Representations and Warranties: Statements of fact by borrower regarding their situation and ability to repay

7. Events of Default: Circumstances that constitute default under the agreement

8. Remedies: Rights and remedies available to the lender in case of default

9. Governing Law: Specification of the jurisdiction and applicable laws

What sections are optional to include in a Forgivable Loan Agreement?

1. Security: Details of any collateral securing the loan - include when the loan is secured

2. Tax Provisions: Specific provisions regarding tax treatment of forgiveness - include when tax implications need specific addressing

3. Program-Specific Requirements: Requirements specific to government or institutional programs - include when loan is part of specific program (e.g., PPP)

4. Reporting Requirements: Specific reporting obligations of the borrower - include when ongoing monitoring is required

What schedules should be included in a Forgivable Loan Agreement?

1. Schedule A - Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Schedule B - Forgiveness Criteria: Detailed criteria and documentation requirements for loan forgiveness

3. Schedule C - Required Documentation: List of documents required for forgiveness application

4. Appendix 1 - Calculation Methodology: Method for calculating forgiveness amounts and applicable formulas

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses

























Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending, ensuring transparency in consumer credit transactions.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs.

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information, ensuring fair and accurate credit reporting.

Dodd-Frank Act: Comprehensive financial reform legislation that established enhanced consumer protection and regulatory oversight in the financial sector, including lending practices.

Federal Reserve Regulation Z: Implements the Truth in Lending Act and prescribes uniform methods for computing the cost of credit, disclosure of credit terms, and procedures for resolving billing errors.

State Usury Laws: State-specific regulations that set maximum interest rates that lenders can charge on loans, varying by jurisdiction.

State Lending License Requirements: State-specific regulations determining who can issue loans and under what conditions, including licensing and registration requirements.

IRC Section 108: Internal Revenue Code section governing the tax treatment of debt forgiveness, including when forgiven debt is considered taxable income.

Form 1099-C Requirements: IRS reporting requirements for cancelled debt, mandating lenders to report forgiven debt amounts exceeding $600.

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer lending practices, including disclosure requirements and prohibited practices.

Uniform Commercial Code: Standardized set of laws governing commercial transactions, including secured transactions and negotiable instruments.

Statute of Frauds: Legal requirement that certain contracts, including loan agreements exceeding specific amounts, must be in writing to be enforceable.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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