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Loan Agreement for the United States

Loan Agreement Template for United States

A Loan Agreement is a legally binding contract that establishes the terms and conditions under which a lender provides financial accommodation to a borrower. Under United States federal and state laws, this document outlines the loan amount, interest rate, repayment terms, default provisions, and any security arrangements. It incorporates various regulatory requirements, including Truth in Lending Act disclosures for consumer loans, and state-specific usury limitations. The agreement serves as the primary document governing the lending relationship and provides remedies in case of default.

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What is a Loan Agreement?

The Loan Agreement is a fundamental document in lending transactions, used whenever one party provides financial accommodation to another with the expectation of repayment. This contract type is essential for documenting the obligations of both lender and borrower, protecting the interests of all parties involved, and ensuring compliance with applicable U.S. regulations. The agreement typically includes detailed terms about the loan amount, interest calculations, payment schedules, events of default, and remedies. It must comply with federal regulations such as the Truth in Lending Act, Equal Credit Opportunity Act, and state-specific usury laws. The complexity and specific provisions of the Loan Agreement can vary significantly depending on whether it's for consumer, commercial, or specialized lending purposes.

What sections should be included in a Loan Agreement?

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

2. Background: Context of the loan and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Principal amount and intended use of funds

5. Interest Rate: Interest rate, calculation method, and payment terms

6. Repayment Terms: Payment schedule, amounts, and methods

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Statements of fact by borrower

9. Governing Law: Jurisdiction governing the agreement

What sections are optional to include in a Loan Agreement?

1. Security: Details of collateral and security arrangements for secured loans

2. Guarantees: Terms and conditions of third-party guarantees when applicable

3. Insurance Requirements: Specific insurance coverage requirements for secured loans or risk mitigation

4. Covenants: Ongoing obligations of the borrower, typically for commercial loans or larger amounts

What schedules should be included in a Loan Agreement?

1. Repayment Schedule: Detailed payment amounts and dates

2. Security Details: Comprehensive description of collateral and security arrangements

3. Disclosure Statement: Required disclosures under Truth in Lending Act (TILA)

4. Fee Schedule: Comprehensive list of applicable fees and charges

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

Agreement Contract

Cost

Free to use
Clauses

























Industries

Truth in Lending Act (TILA) - Regulation Z: Federal law requiring disclosure of key terms and costs in consumer credit transactions, and standardizing the calculation of annual percentage rates (APR)

Fair Credit Reporting Act (FCRA): Federal legislation that regulates the collection and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, and other protected characteristics

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices and protecting consumers from abusive collection methods

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal legislation that created the Consumer Financial Protection Bureau (CFPB) and establishes additional consumer protections in financial transactions

State Usury Laws: State-specific laws that regulate maximum interest rates, with different rules for consumer versus commercial loans

State-Specific Disclosure Requirements: Additional state-level disclosure and formatting requirements that vary by jurisdiction

State Securities Laws: State-specific regulations that may apply to certain types of loans and lending arrangements

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, particularly Article 9 for secured transactions and Article 3 for negotiable instruments

Bankruptcy Laws: Federal laws affecting creditor rights and remedies in case of borrower bankruptcy

Federal Reserve Regulations: Various banking regulations affecting lending practices and financial institution operations

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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