The Loan Agreement With Notary is a crucial legal instrument used in India when parties wish to create a formally documented and notarized record of a loan transaction. This document is particularly important for significant loan amounts, property-backed loans, or when additional security is desired through notarial verification. It includes comprehensive details about the loan terms, interest calculations, repayment schedules, security arrangements, and default provisions, all compliant with Indian banking and contract laws. The notarization process, governed by the Notaries Act, 1952, adds an extra layer of authenticity and makes the document more credible in legal proceedings. This type of agreement is commonly used by banks, financial institutions, and private lenders who want to ensure their loan documentation is robust and legally enforceable.
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1. Parties: Identification of the lender and borrower with complete details as required under Indian law
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayment, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Borrower's Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Rights and Remedies: Lender's rights and remedies in case of default
12. Notices: Process and addresses for serving notices under the agreement
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details
14. Notarial Declaration: Formal notarial statements and attestations as required under the Notaries Act
1. Security: Details of any collateral or security provided - include if loan is secured
2. Guarantee: Terms of any guarantee provided - include if there are guarantors
3. Insurance: Insurance requirements for secured assets - include if loan is secured
4. Assignment and Transfer: Rights to assign or transfer the loan - include if transferability is desired
5. Co-Borrower Provisions: Additional terms for co-borrowers - include if there are multiple borrowers
6. Electronic Execution: Provisions for digital signature and electronic records - include if electronic execution is contemplated
7. Force Majeure: Provisions for unforeseen circumstances - include based on loan term and size
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - Disbursement Conditions: Detailed list of conditions precedent and required documents
3. Schedule 3 - Security Details: Description of security/collateral if applicable
4. Schedule 4 - Fee Schedule: Breakdown of all applicable fees and charges
5. Schedule 5 - KYC Documents: List of identity and address proof documents provided
6. Appendix A - Repayment Schedule: Amortization table with payment dates and amounts
7. Appendix B - Form of Disbursement Request: Standard format for requesting loan disbursement
8. Appendix C - Compliance Certificates: Templates for periodic compliance reporting if required
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