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Private Loan Agreement for the United States

Private Loan Agreement Template for United States

A Private Loan Agreement is a legally binding document used in the United States that formalizes a lending arrangement between private parties. It establishes the terms and conditions of the loan, including the principal amount, interest rate, repayment schedule, and consequences of default. The agreement ensures compliance with federal and state lending laws, including usury restrictions and truth-in-lending requirements.

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Private Loan Agreement

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What is a Private Loan Agreement?

A Private Loan Agreement serves as the foundational document for personal lending transactions in the United States. This agreement is essential when individuals, families, or private entities engage in lending activities outside traditional banking channels. The document includes crucial elements such as loan amount, interest rates (compliant with state usury laws), repayment terms, default provisions, and any security arrangements. Private Loan Agreements must comply with federal regulations like the Truth in Lending Act and state-specific lending laws, making them legally enforceable while protecting both lender and borrower interests.

What sections should be included in a Private Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses

2. Background: States the context and purpose of the loan agreement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount and intended use of the loan

5. Interest Rate: States the applicable interest rate and calculation method

6. Repayment Terms: Details payment schedule, amounts, and methods

7. Default Provisions: Defines events of default and consequences

8. Representations and Warranties: Statements of fact by both parties

9. Governing Law: Specifies jurisdiction and applicable law

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

1. Security/Collateral: Details of any assets securing the loan - include when loan is secured by assets

2. Guarantees: Terms of any third-party guarantees - include when a guarantor is involved

3. Insurance Requirements: Required insurance coverage - include when specific insurance is required

4. Prepayment Terms: Conditions for early repayment - include when early repayment is allowed

What schedules should be included in a Private Loan Agreement?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Collateral Description: Detailed description of security/collateral if applicable

3. Guarantor Information: Details of guarantors if applicable

4. Disclosure Statement: Required legal disclosures under applicable laws

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): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or whether the applicant receives public assistance

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

Regulation Z: Federal Reserve Board regulation that implements the Truth in Lending Act, standardizing how lending costs are calculated and disclosed

Dodd-Frank Act: Comprehensive federal law reform that includes consumer protection provisions in lending and financial services

State Usury Laws: State-specific laws that set maximum interest rates and regulate other loan charges that can be assessed on private loans

Uniform Commercial Code (UCC): Standardized set of business laws regulating financial contracts and secured transactions, particularly relevant if collateral is involved

Fair Debt Collection Practices Act (FDCPA): Federal law that limits the behavior and actions of debt collectors who are attempting to collect debts on behalf of another person or entity

Statute of Frauds: Legal requirement that certain contracts, including those that cannot be performed within one year, must be in writing to be enforceable

State Contract Laws: State-specific regulations governing contract formation, enforcement, and remedies for breach of contract

State Consumer Protection Laws: State-specific laws designed to protect consumers from unfair practices in lending and financial transactions

Bankruptcy Laws: Federal and state laws governing the treatment of debts in bankruptcy proceedings and creditor rights

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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