by the decision of the supervisory board
CREDIT UNION ” ZARAZ “
(Minutes No. 5 dated March 23, 2017)
Chairman of the Supervisory Board
________________ Yu.V. Uvarova
SAMPLE LOAN AGREEMENT No. ______
on the provision of funds for a loan, including on the terms of a financial loan
|“_____” ______ __ 20___ p.|
CREDIT UNION ” ZARAZ ” (hereinafter – the “Lender”), represented by __________________, acting on the basis of the Charter on the one hand, and a member of CREDIT UNION ” ZARAZ ” (hereinafter – the “Borrower”), on the other hand, hereinafter together – “Parties “,
have entered into this agreement (hereinafter referred to as the “Agreement”) on the following:
- SUBJECT OF THE CONTRACT
1.1. The Lender undertakes to provide the Borrower with a loan in the amount of ____________ (________________________________) hryvnia ___ kop. on the basis of urgency, repayment, intended use, payment and security, and the Borrower undertakes to repay the loan and pay interest on the loan on the terms specified in this Agreement.
1.2. The loan amount is used for the following purposes: ____________________________________.
- TERMS IN THE CONTRACT
2.1. The loan is provided for a period of _____ (____ in words ___) actual months from the date of receipt by the Borrower of the loan, that is, from “_____” ______ __ 20___ to “_____” ______ __ 20___.
2.2. The Lender undertakes to provide the Borrower with a loan no later than 10 business days from the date of signing this Agreement.
2.3. The borrower undertakes to repay the loan and pay interest for using the loan before the expiration of the period specified in clause 2.1. actual agreement.
2.4. The loan is provided to the Borrower in cash at the Lender’s cash desk or (according to the Borrower’s application) by non-cash transfer of the loan amount to the account specified by the Borrower in the application, or according to the Borrower’s application by sending a voluntary targeted contribution of the Borrower for replenishment. Failure by the Borrower to provide the details of his bank account (provision of details with errors) or failure of the Borrower to receive a loan in cash through the Lender’s cashier (or otherwise evasion of obtaining a loan), as well as failure of the Borrower to fulfill the obligation to secure the loan provided for in clause 5. … of this Agreement, if the security of the obligation is subject to a separate agreement, releases the Lender from liability for violation of the obligation provided for in clause 2.2.actual agreement.
2.5. The date of receipt of the loan is the date of issuance of the loan amount to the Borrower in cash through the Lender’s cash desk, and in case of non-cash payments – the date of debiting the corresponding amount from the Lender’s account, when additional capital is sent to replenish the Borrower’s voluntary target contribution. The above date of obtaining a loan is indicated in the Schedule of Settlements, which is Appendix No. 1 to this Agreement (hereinafter referred to as the Schedule of Settlements).
2.6. The date of repayment (repayment) of the loan, as well as the date of payment of interest, is the date of registration by the Lender of a fiscal check for the amounts received, and in case of non-cash payments – the date of crediting the funds to the account of the Lender, when sending a voluntary targeted contribution of the Borrower to an additional use loan, at the written application of the Borrower subject to the credit union’s compliance with the capital adequacy ratio after the Board of the Credit Union has made the appropriate decision – the date of the Board’s decision
- LOAN PAYMENT AND PAYMENT MECHANISM
3.1. The fee for using the loan (interest) is fixed and amounts to ______ (___________________________) percent per annum of the loan balance for each day of using the loan. Interest is calculated for the actual number of calendar days of using the loan, excluding the day of receiving the loan and including the date of its repayment.
3.2. Interest under this Agreement is accrued taking into account the number of days in a calendar year (weekends, holidays and non-working days inclusive). The number of days in a year is taken as 365 (366).
3.3. If the date for making regular payments according to the Settlement Schedule falls on a weekend (holiday, non-working) day, then payments are made on the next weekend (holidays, non-working) days of the Lender and this is not considered a violation of settlements.
3.4. The repayment of the loan and interest for the use of the loan occurs in the following order: first of all, the interest for the use of the loan is payable, and secondly, the amount of the loan.
3.5. The parties agreed that the repayment of the loan and interest for the use of the loan will be made in accordance with the Schedule of Settlements, which are an integral part of this Agreement.
3.6. Delay in payment of the loan and / or interest for the use of the loan (according to the Settlement Schedule) does not stop the accrual of interest as during the loan period specified in clause 2.1. of this Agreement, and upon the expiration of this period during the further use by the Borrower of the provided funds, except in the case of a separate decision on this by the Lender.
3.7. The Borrower repays the loan and interest for the use of the loan to the cashier of the Lender at its location on the corresponding working days and hours, or by transferring funds to the current account of the Lender, specified in Section 11 of this Agreement or by sending a voluntary targeted contribution of the Borrower to the additional capital of interest for its use at the written request of the Borrower, provided that the credit union complies with the capital adequacy ratio after the board of the credit union has made the appropriate decision.
3.8. According to the requirements of Part 4 of Article 11 of the Law of Ukraine “On Protection of Consumer Rights”, a detailed schedule of the total cost of a loan for a consumer (in percentage and monetary terms), taking into account the interest (interest) rate on the loan, specified in the Schedule of calculations. The stated aggregate loan cost to the Borrower remains unchanged if the Borrower adheres to the Settlement Schedule.
3.9. All settlements between the Parties are carried out only in the national currency of Ukraine.
- CREDIT COVERAGE
4.1. The obligation of the Borrower to repay the loan on time and to pay interest on the loan is secured by all property and funds that are proper to the Borrower by right of ownership, on which, according to the current legislation of Ukraine, collection can be levied (and / or a pledge and / or surety and / or other types of security are not prohibited legislation) .
4.2. Responsibility for securing a loan in accordance with the requirements of the current legislation and the costs associated with such registration shall be borne by the Borrower if the security of the obligation is subject to a separate agreement.
4.3. The Borrower confirms that the property, which will secure the fulfillment of the obligation under this Agreement, belongs to him (the Borrower) by right of ownership, not limited in circulation, is not pledged by third parties.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Borrower, in addition to the obligations provided for by the aforementioned clauses of this Agreement, is obliged:
5.1.1. Use the loan for its intended purpose.
5.1.2. Provide the Lender with all the necessary documents to verify the intended use of the loan.
5.1.3. Make payments on time to repay the loan and interest accrued for the use of the loan, in accordance with the Schedule of Settlements.
5.1.4. Notify the Lender in writing about changes in place of residence, work, contact phone numbers, surname or first name and other circumstances that may affect the fulfillment of the obligations of the Parties under this Agreement, within 15 working days from the date of their occurrence.
5.1.5. Conclude an agreement to secure the fulfillment of the obligation by the Borrower to the Lender under this Agreement, if the security of the obligation is subject to a separate agreement.
5.1.6. Pay to third parties at their own expense the possible costs associated with the execution of this Agreement, namely: assessment of pledged items, state fees, notary services, insurance payments.
5.1.7. In case of delay in payment of part or all of the loan amount, pay the accrued interest for using the loan based on the actual period of using the loan, including the date of repayment.
5.2. The borrower has the right:
5.2.1. To repay the loan in full or in part ahead of schedule and pay interest on the loan based on the actual balance and the term of the loan, including the date of repayment.
5.2.2. Apply to the Lender with a written request to postpone payments (loan repayment and / or interest payments) in the event of temporary financial or other complications for reasons beyond the Borrower’s control.
5.2.3. Within fourteen calendar days from the date of the conclusion of this Agreement, withdraw your consent to conclude this Agreement without explaining the reasons in the manner and in the cases provided for in parts 6, 7 of Article 11 of the Law of Ukraine “On Protection of Consumer Rights”.
5.2.4. In accordance with the legislation, receive compensation from the Lender in connection with termination or non-fulfillment by the Lender of this Agreement.
5.3. The Lender, in addition to the obligations provided for by the aforementioned clauses of this Agreement, is obliged:
5.3.1. Notify the Borrower in writing of changes in location, as well as other information specified in section 11 of this Agreement within 10 working days from the date of their occurrence.
5.3.2. In the event of a written request from the Borrower to postpone payments (loan repayment and / or interest payments) due to temporary financial or other complications, consider such an appeal and give a clear and unambiguous answer. In any case, the postponement of payments (loan repayment and / or interest payments) is formalized by an additional agreement.
5.4. The lender has the right:
5.4.1. Require the Borrower to comply with the terms of this Agreement.
5.4.2. Require the Borrower to conclude an agreement to secure the fulfillment of obligations by the Borrower to the Lender under this Agreement.
5.4.3. Demand early repayment of the loan and payment of interest for the entire actual period of use of the loan in the event of at least one of the specified circumstances:
a) delay in the payment of a part of the loan and / or interest for at least one calendar month, and for a consumer loan secured by a mortgage and a consumer loan for the purchase of housing (real estate) for at least three calendar months;
b) excess of the debt amount of the loan amount by more than ten percent;
c) non-payment by the Borrower of more than one payment in excess of five percent of the loan amount;
d) failure by the Borrower to comply with the specified clause 5.1.5. of this Agreement obligations to secure the loan.
ґ) identification by the Lender of the fact of inaccuracy of data or documents provided by the Borrower for obtaining a loan;
e) non-fulfillment by the Borrower of certain paragraphs. 5.1.4. of this Agreement, the obligation to notify about changes in information.
f) other material violation of the terms of this Agreement.
5.5. All rights and obligations of the Borrower under this Agreement may pass to a third party with the consent of the Lender.
5.6. In the event of the Borrower’s death before the expiration of this Agreement, all rights and obligations of this Agreement shall pass to his heirs in the manner determined by the current legislation of Ukraine.
5.7. If the Lender is based on clause 5.4.3. of this Agreement requires the return of the loan, the consumer loan can be repaid by the Borrower within thirty calendar days, and for a consumer loan secured by a mortgage, and for a consumer loan for the purchase of housing (real estate) – sixty calendar days from the date of receipt of notification of such a requirement. If during this period the Borrower eliminates the violation of the terms of this Agreement on the provision of a consumer loan, the Lender’s claim comes into force.
- WARNING BORROWER UNDER CONTRACT TERMS
6.1. When concluding this Agreement, the Borrower confirms that:
1) he is fully capable and there are no court decisions against him (entered into legal force and not canceled by other decisions) on the limitation of his legal capacity or recognition as incompetent, and also he is not aware of the consideration of cases by the courts with the specified requirements;
2) his expression of will is free and corresponds to his inner will;
3) he is not under the influence of a difficult circumstance for him, forcing him to conclude this Agreement;
4) he clearly understands all the terms of this Agreement and is not under the influence of error or deception;
5) he considers the terms of this Agreement to be beneficial for himself;
6) the documents provided by them for obtaining a loan are reliable and reflect its real financial condition as of the date of submission of the documents;
7) the property, which ensures the fulfillment of the obligation under this Agreement, belongs to him by right of ownership, is not limited in circulation (circulation) and is not pledged.
- LIABILITY OF THE PARTIES
7.1. The parties are responsible for violation of the terms of this Agreement in accordance with the current legislation of Ukraine.
7.2. A violation of the terms of this Agreement is its non-performance or improper performance, that is, performance in violation of the conditions determined by the content of this Agreement.
7.3. If the Borrower fails to comply with clause 2.3 of this Agreement, the Lender has the right to apply to the Borrower a fine of 50% of the unpaid loan amount as of the date specified in the Settlement Schedule as the date of the last loan payment.
- DISPUTE RESOLUTION
8.1. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
8.2. If the relevant dispute cannot be resolved through negotiations, it is resolved in court according to the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
- PROCEDURE FOR MAKING CHANGES AND ADDITIONS, TERMINATION OF THE AGREEMENT
9.1. Amendments to this Agreement shall be formalized by signing additional agreements by the Parties.
9.2. The Borrower has the right to early terminate this Agreement only on condition of early repayment of the loan and payment of interest on the use of the loan.
- DURATION OF THE CONTRACT AND OTHER TERMS
10.1. The term of this Agreement is ________ (months, days) from the date of the conclusion of the Agreement.
10.2. This Agreement is valid from the moment it is signed by both Parties.
10.3. This Agreement is terminated:
10.3.1. After the expiration of the period specified in clause 10.1. actual agreement;
10.3.2. In the event of the entry into force of a court ruling or decision on the termination of this Agreement;
10.3.3. In case of early termination of this Agreement in the manner specified in clause 9.2. actual agreement;
10.4. The expiration of the Agreement does not release the parties from liability for its violation that took place during the Agreement (in accordance with Article 631 of the Civil Code of the Russian Federation).
10.5. The parties agreed that the limitation period of 5 (five) years (in accordance with Article 259 of the Civil Code of the Russian Federation) applies to legal relations related to the conclusion and execution of this Agreement.
10.6. The Borrower confirms that:
– received in writing from the Lender, prior to the conclusion of the Agreement, the information specified in part two of Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets” and part two of Article 11 of the Law of Ukraine “On Protection of Consumer Rights”;
– the information is provided by the Lender in compliance with the requirements of consumer protection legislation and ensures a correct understanding by the Borrower of the essence of the financial service without imposing its purchase.
10.7. The signature of the Borrower in section 11 of this Agreement is a confirmation that the Borrower has received the information specified in clause 10.6 in writing and one of the originals of this Agreement.
10.8. This Agreement is made in 2 copies, one for each of the Parties, having the same legal force.
10.9. After signing this Agreement, which meets the conditions of the Regulations “On financial services of CREDIT UNION” ZARAZ “(new version)” effective as of the date of signing this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements, letters of intent and any other oral or written Agreements of the Parties on issues in one way or another relating to this Agreement become invalid.
10.10. All legal relations of the Parties not regulated by this Agreement are governed by the current legislation of Ukraine.
- ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES:
|CREDIT UNION ” ZARAZ “|| |
|Location:||Place of residence:|
|P / s No.||The passport:|
|_______________________ / FIO /||_______________________ / FIO /|
The Agreement and annex to the Agreement (Settlement Schedule) received: “____” _____________ 20___
____________ / ____________________ /
(signature) (full name)