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The relationship between the borrower and the co-borrower must be documented. The measure will allow in the future to avoid misunderstandings associated with the conclusion of a loan agreement with a credit institution. In essence, it is the basis for the transfer by the lender of the subject of the agreement to the borrower in the course of the transaction to provide borrowed money.

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General Provisions

Questions regarding the completion of a transaction for the provision of borrowed funds are provided for by the instructions of civil law. It notes the importance of agreeing on the subject, which was the basis for the transaction.

This condition must be met without fail, otherwise it will be recognized as not concluded, and the transaction imperfect. The rate is established by the provisions.

What it is

The term "co-borrower" means a person endowed with equal rights and obligations with the borrower. He is jointly and severally liable to the creditor for the repayment of monetary obligations.

They arise from the receipt of borrowed funds as an equal participant in the transaction. For example, he can apply for housing, for borrowed funds.

At its core, "joint responsibility" is one of the varieties of civil liability. It manifests itself in the requirement arising from the conclusion of the contract, as noted in the provisions.

In some cases, it is established by law if the subject of the obligation is included in the category of an indivisible thing.

As a rule, the co-borrower is involved in drawing up large amounts of borrowed funds for a long time.

He must confirm the received, which will allow him to take part in obtaining borrowed funds from a credit institution.

These include types:

1. Lending to educational programs.
2. Lending to young families.

A credit institution, when determining the amount of funds issued, takes into account its income on an equal basis with the income received by the borrower. The norm is established by the provisions of the Civil Code of the Russian Federation.

Who falls under the category

Any person who has submitted the necessary package of documents to the bank can act as a co-borrower.

Typically, these include:

Co-borrowers are jointly and severally liable to the credit institution. It arises from the moment of signing the loan agreement by him and the borrower. In accordance with its conditions, the return of the borrowed funds to the credit institution is guaranteed.

Where should i go

To conclude a transaction with the subsequent conclusion of a loan agreement, you must contact the lender.

It can be either an individual or a legal entity. For example, a credit institution that provides loans on certain terms.

In some cases, you can contact the employer to obtain them, which has become a frequent occurrence for the employed population.

Sample loan agreement with co-borrower

As practice shows, in the field of lending in last years cases of attracting a co-borrower were widespread. This kind of financial transaction is a guarantor of the return of the loaned funds for a credit institution.

In the course of the transaction, the interested parties sign a loan agreement, the procedure for concluding which is provided for by the instructions.

The necessary conditions

Based on the terms of the transaction, the lender transfers ownership to the borrower as the subject of the loan agreement. In its capacity, both monetary funds and other types of property determined by generic characteristics can act.

The norm is fixed by instructions. In turn, the borrower undertakes to return to him the money or an equal amount of property of the same kind and quality received by him.

A loan agreement is considered concluded from the time of transfer of the item, which is established by its terms. As for the procedure for the return of borrowed funds, it is set out in the instructions.

The parties can indicate the amount of borrowed funds in accordance with the standards:

The co-borrower is jointly and severally liable together with the borrower from the time of the conclusion of the loan agreement, as noted in the provisions.

As a rule, its attraction is dictated by the insufficient income of the borrower for registration of borrowed funds in an amount that can satisfy his needs.

The Bank has the right to demand payments from it from the moment the obligations arise or upon the occurrence of certain circumstances stipulated by the terms of the loan agreement.

For example, if the borrower defaults on repayment of borrowed funds over a long period of time.

The borrowed funds can be provided by the lender without establishing interest charges on them or with their establishment.

The specifics of providing a loan at interest to the borrower for purposes not related to entrepreneurial activity are provided for by the instructions of the Federal Law. The act was issued on December 21, 2013.

The exception to the rule is the case provided for in the guidelines.

A legal entity has the right to attract funds from individuals, registered as a loan.

In such a situation, he acts as a borrower, taking money at interest.

A financial transaction is carried out through a public offer or by making a proposal to complete an offer, directed to an indefinite circle of persons.

Such transactions are possible in practice if they comply with the instructions of the Federal Law. By his instructions, amendments were made to the second part, namely to the Civil Code.

It explains the specifics of providing a loan for a non-entrepreneurial purpose at interest to a borrower who is an individual.

Registration procedure

Individuals must conclude a loan agreement, drawn up in a simple written form, if its value does not exceed 10 minimum wages. The rate is provided for by instructions.

One of the essential factors of a loan agreement is its subject, which is subject to mandatory indication. It is possible to establish an object of pledge in it, if its participants provide for its presence.

Loan agreement types:

Unless otherwise provided by law or the loan agreement, the lender is entitled to receive interest from the borrower for the amount of the borrowed funds. Their size and payment procedure must be determined by the terms of the contract.

As a rule, they are paid by the borrower monthly up to the deadline return of principal.

A loan agreement is regarded as non-interest bearing if:

It can be concluded with the participation of a notary if the cost exceeds 10 minimum wages. To complete a transaction, its participants can apply to any notary office, regardless of its organizational and legal form.

They must show their passports, identifying the authenticity of their identity, establishing their citizenship and residence permit.

Compilation features

Any interested parties can make a loan deal with the involvement of a co-borrower without complications.

The agreement reached by them is drawn up as a loan agreement between individuals with a co-borrower. It is better to use a standard sample.

He must express their free will, mutual consent to the provision of borrowed funds.

Its conclusion is the most civilized way of formalizing relations concerning monetary obligations.

In principle, it is an official document that allows you to clearly define all the conditions arising in the course of the relationship.

In some cases, to increase reliability, the loan agreement is notarized or drawn up in the presence of two witnesses. They should not be directly related to the parties to the transaction.

The loan agreement specifies:

It must be signed by the parties to the transaction. It bears the date of his imprisonment. If it is notarized, then the signature, together with the certification inscription, is sealed with the seal of the notary's office.

If there are two co-borrowers

The legislator has not introduced a limitation on the number of persons involved as a co-borrower. In accordance with the instructions, the borrower has the right to attract one person or several.

But he needs to obtain the consent of the credit institution, which puts forward its requirements.

If a loan agreement is concluded with the involvement of two co-borrowers, then the degree of responsibility of each of its participants must be indicated in it. The rate is introduced by instructions -.

They are responsible for monetary obligations equally either the person involved is responsible for them in certain situations.

For example, if the borrower assumes a delay in repayment of borrowed funds. In this situation, the co-borrower must pay them to the lender under the terms of the loan agreement.

Video: how to invalidate a loan agreement

Key aspects

A credit institution, in accordance with the instructions of Article 323, has the right to demand from the co-borrower the full satisfaction of his claims.

Typically, this kind of situation occurs when the borrower loses his solvency. The situation leads to delays, implying the suspension of the payment of borrowed funds.

If several persons are jointly and severally obligated, then the credit institution has the right to demand the fulfillment of the terms of the contract, both from all debtors and from any of them separately.

The rate is provided for by instructions. It notes that joint responsibility obliges co-borrowers to fulfill their obligations in full.

A loan agreement is subject to challenge in court if it is concluded in the manner prescribed by the legislator.

Any of the participants has the right to submit statement of claim on the collection of borrowed funds or on the recognition of the transaction as void, which entails the recognition of the contract as invalid.

In the first case, a civil case is initiated for non-fulfillment of the terms of the loan agreement. The second requires the presentation of evidence of his conclusion under the influence of fraudulent or violent actions, threats.

The possibility of its conclusion is not excluded in the event of difficult circumstances, a malicious agreement between the attorney of the borrower and the lender.

Execution of a loan agreement in a notarized manner ensures the protection of the lender with a high degree of probability if the above factors arise.

Often, between individuals, a loan agreement, regardless of its value, is drawn up in a form that is unacceptable.

The receipt confirms the fact of receipt of borrowed funds. It is recognized by the judicial authority as circumstantial evidence of obligations.

If it indicates the amount of the transferred amount and the obligation to return it, then it can be recognized as a written agreement of individuals.

As practice shows, it is extremely difficult to dispute a loan agreement drawn up in a simple written form, which cannot be said about an agreement drawn up by a notary's office.

Term limitation period is 3 years, counted from the date of repayment of borrowed funds. But its expiration does not end the obligations of the borrower.

It can be reinstated in court if the reason for its omission is recognized as valid. The standard is enshrined in the instructions of the Civil Procedure Code, which regulates the procedure for filing a claim.

What is regulated

Banks have increasingly begun to practice attracting co-borrowers on a loan. Only ordinary citizens who agree to act in this capacity do not quite understand the degree of their participation in debt obligations and the severity of the burden taken on their shoulders. In this article we will "shed some light" on this financial term.

Who is a co-borrower?

You will hardly find this term in the financial literature, it is not even found in the current legislation. He came to us from banking practice.

A co-borrower is a person who acts as an additional (second, third, etc.) borrower in lending and provides a credit institution with the same set of documents as the main applicant. As a rule, banks allow no more than five such “co-recipients” of the loan.

In civil law, namely in Article 322 of the Civil Code of the Russian Federation, a slightly different interpretation of this concept is used - “joint liability”. But the rights of the creditor upon the occurrence of such liability in Civil Code well described (v. 323). In particular, it says that a bank that has not received full payment of its legal claims from one of the debtors has the right to demand such execution from other participants in solidary lending. Moreover, the obligations of the co-borrower cease to be such only at the moment of full payment to the bank of all amounts due.

So, the prefix "co" in the word co-borrower is an abbreviation from the word solidary (single) or joint, which very clearly reveals the meaning of the term we are considering, and the legislation, according to Art. 323 of the Civil Code of the Russian Federation, speaks of the same responsibility of the co-borrower for the loan taken, as that of the borrower.

The degrees of joint responsibility can be of two types:

1. Both borrowers, both the main one and the additionally attracted one, return the debt to the bank in equal shares from the first day of the lending agreement until the moment of its final repayment;
2. The co-borrower begins to be liable for debt obligations only if the bank does not receive payment from the main borrower.

Which of the options will work in your particular case depends on the terms of the loan agreement. But in life, the second option is often used.

The following can act as an additional borrower for a loan:

• any of your family members (children, parents, legal representatives, grandmothers, etc.);
• other relatives;
• acquaintances and friends;
• anyone who agrees to make such a commitment.

The last option may alert bank employees... With what joy your loan is going to share with you a completely stranger? Moreover, most likely not the loan money itself, but only the obligation to return it, and even with interest. The bank's security service may suspect a scam and simply refuse to issue a loan.

In most cases, co-borrowers are attracted under those lending programs that initially imply the registration of a significant amount for a considerable period:

• loans for buying a car;
• to pay for education;
• mortgage programs.

But it happens that an additional borrower appears in a regular contract consumer lending... For example, when in emergency mode you need large sum, and the level of earnings does not allow you to issue a loan on the desired conditions. At the same time, you are 100% sure that after a month (two, three, six months) you will receive an equivalent amount, at the expense of which you are going to pay off your obligations ahead of schedule, and immediately and completely.

In what cases are joint and several borrowers involved? And what rights do they have?

The bank needs a co-borrower, and the loan recipient himself, for a reason. His participation in the fulfillment of debt obligations on a loan is necessary if the main borrower partially does not meet the requirements of the bank. For instance:

1. The applicant's income does not allow taking the required amount. When calculating solvency, the monthly earnings of the co-borrower are taken into account. Thus, the applicant can count on more significant loan amounts even in the absence of required income, which he can document. Such methods of increasing solvency are fair if the borrower actually has a certain additional income, but cannot officially confirm it. And the bank is good - the loan is issued for a decent amount, and there is practically no risk of non-payment, and the applicant will be given an amount that he could not have received alone.

2. The borrower has no income at present and is not expected in the first years of fulfillment of obligations under credit agreement... A similar situation may arise when a loan is issued for educational purposes for an adult student. Here, the main borrower (the student himself) will not be able to pay loan installments until the moment of education. Then the co-borrower is the parent (any relative, legal representative, etc.), who pays the loan at first. Then, when the student stops being a student and starts earning on his own, all payments will fall on his shoulders. But this is theoretically, but in fact, some parents continue to pay the loan until it is completely repaid.

3. The income of the main borrower allows him to take out a loan, but the money is needed not by him personally, but by a third party who has not yet reached the age of majority. The situation may arise in relation to the same student loan. First, it is paid by the main borrower, then the joint and several debtor is involved in the process.

4. Automatic inclusion of a citizen in the ranks of co-borrowers when registering a mortgage. But more on that below.

From a legal point of view, the co-borrower has the same rights and obligations as the main debtor (he is also the main or main co-borrower). But in fact, everything is not so "strawberry". The additional debtor has only one obligation - to pay the loan together with the main borrower or instead of him. And even less rights - in some (!) Cases, a joint debtor can become a co-owner of an apartment that is acquired by mortgage program lending. But this is also an optional condition. The purchased housing is allowed to be registered for one of the borrowers, each situation is individual.

Co-borrowers in mortgage lending

Mortgage lending has its own nuances. Here, the co-borrower can automatically become the spouse (or spouse) of the main borrower, even if he has no income. This is a prerequisite for any bank, which has arisen for a reason. The fact is that when lending for the purchase or construction of housing, the acquired (or under construction) premises become collateral for the entire duration of the loan, and in case of systematic non-payment of the loan, it can be sold at auction. In the Family Code, there is a clause that the joint property of the spouses can become the subject of satisfaction of creditors' claims only if and debentures the husband and wife are in common. Thus, in order for the bank to foreclose on the housing encumbered with the mortgage, both spouses must participate in the loan agreement as joint borrowers.

Any other relative or acquaintance who has boldly assumed the obligations of a co-borrower may not always become a co-owner of the purchased apartment. It is allowed to register ownership only to the main debtor. In this case, it is worth thinking 100 times whether you need to agree to such conditions. After all, the obligation to pay the loan will not go away from you, but it is not always possible to claim part of the living space.

Another nuance of a mortgage is borrower insurance. Since the joint and several debtor is also a full-fledged, if I may say so, a participant in lending, the bank may also be required to register insurance policy... These costs are borne by the insured person.

The insurance policy necessarily prescribes the measure of responsibility of each debtor, on which the amount of possible insurance compensation... If an accident happens to the main borrower, insurance Company will reimburse only that part of the debt that was officially attributed to the victim. And the rest of the payments will be a heavy burden on the shoulders of the co-borrower.

The difference between a joint debtor and a surety

Co-borrower and - what's the difference? First of all, in personal responsibility. The additional borrower, as already mentioned, is initially liable to the bank on an equal basis with the main debtor. This is his credit too. The guarantor is held liable only when the first two characters stop paying the loan. For housing loans, the guarantor may not be involved at all in paying the debt, since the bank at any time can foreclose on the collateral.

Another important point is the calculation of solvency. The income of the guarantor, in contrast to the income of the joint and several debtor, is not taken into account when calculating the maximum possible loan amount.

Then why do you need a surety, you ask? And this is an additional guarantee for a financial institution. The more citizens take part in the loan agreement, the faster the bank will be able to collect debts in the event of a delay. And in the overwhelming majority of cases, this happens in a pre-trial manner and without problems with the sale of the pledged property.

Co-borrower risks and ways to minimize them

The main danger that awaits any future co-borrower is the risk of non-payment by the main debtor, including for reasons beyond his control (injury, long-term illness, job loss). It turns out that the borrowed money was spent without your participation, and you will have to pay the loan. Especially heavy losses await those who dared to become a joint debtor under one of the mortgage lending programs. There, and the amount is greater, and the due date will not come so soon.

In order not to have to pay for other people's pleasures with your own money, you need to insure yourself in advance:

1. To agree to become a co-borrower only with his immediate family. A family is always close people who are unlikely to frame you. In addition, with a relative, you are more likely to become a co-owner of the acquired housing, which will partially reduce your risks. And even if you still have to pay the mortgage yourself, the loss of money is partially offset by the rights to real estate.

2. Make sure that your share of responsibility is clearly stated in the loan agreement. In this case, they can ask you only within this share and no more.

3. If the main borrower is your other half, be sure to register the acquired housing in joint ownership. You pay mortgage payments from the aggregate family income, which means that the rights to real estate should be equal. No one is immune from divorce, so it's best to be careful.

4. If you have agreed to act as a joint debtor on a loan from a friend or civil spouse, formalize your relationship officially. It is advisable to conclude an agreement according to which the main borrower will return the money spent to the co-borrower or allocate him a share in the purchased housing. The second option is an agreement that in the near future the acquired residential premises will be re-registered into joint ownership, taking into account the share of funds that each of you has invested.

What else can you expect? For example, the impossibility of obtaining a loan for own needs... You already know that the co-borrower's income was taken into account when calculating the maximum possible loan amount. Therefore, when calculating your solvency in the future, this current loan will be assessed by the bank as mandatory monthly payment... It is possible that during the validity period of this loan agreement you will not be able to get a loan for your own needs due to too much. And this applies not only to housing loans, but also to standard consumer loans. Although if your income can be called more than decent, then nothing like that threatens you.

Do not forget about your credit history. Data on any participant in the loan agreement is obligatorily transferred to the BCH. Co-borrowers are among the first. Therefore, the good faith of the principal debtor will directly affect your reputation. The Bureau credit histories will not figure out which of you is to blame for late payments. Both debtors can be blacklisted - both the main and the "backup". And this, in turn, can also become the reason for refusal to credit in the future.

So is it worth becoming a co-borrower? Hardly. This is too much responsibility and unnecessary risks. You need to clearly understand that the bank absolutely does not care which of you makes monthly payments on the loan. He will not even check who exactly the funds are coming from. The main thing is that they appear on the account on time. But as soon as the next day X they are not there, the demand will be strict. Moreover financial institution has the right to demand the return of the loan from any of the debtors, without even bothering to figure out which of them is the main one. Therefore, think carefully and make decisions aside from emotions.

Quite often, the earnings of one person required to obtain a mortgage loan are not enough. Then the banks can take into account the income of the so-called co-borrowers, who will share the burden of debt and responsibility with the main debtor. In the life of a co-borrower, in addition to harsh everyday life, there is a place for a holiday - he also becomes the owner of the apartment. So what is the difference between a co-borrower and a borrower, what are his rights and obligations?

This article is a reference material, all information in it is presented for informational purposes only and is for informational purposes only.

To have more money
Co-borrowers are a kind of helpers in obtaining a loan. The need for them arises in the event that the borrower's income is insufficient to obtain the required amount.

The income of the co-borrowers is taken into account by the bank when calculating the maximum size of the mortgage loan. Thus, the co-borrowers increase the amount by which a home loan can be provided.

The procedure for accounting for the income of such "co-recipients" is different for each bank. As a rule, it depends on the number of co-borrowers (usually there can be no more than five people), the degree of relationship of these people with the borrower, as well as the ratio of their earnings.

Despite the American mortgage crisis that seized and western countries, in the field of domestic banking retail, there is intense competition, and credit institutions are making the conditions for receiving money more and more loyal. There are even such lending programs when the mortgage borrower may not have a source of their own income at all, for example, loan programs for the purchase of housing for students. And then the main financial burden falls on the co-borrowers.

Co-borrowers can be not only relatives, but also friends of the main borrower. Note, however, that the latter are unlikely to agree to this, given the financial obligations that this "mission" imposes on them.

What should, what can
Being a co-borrower is a responsible business. In fact, the co-borrower is the same borrower, because he has the same rights and obligations as the person who received the loan.

Let's start with responsibilities. In principle, it is one: the co-borrower is jointly and severally liable with the borrower for mortgage loan, that is, together with him, he is responsible for returning the debt. In case of insolvency of the borrower, the co-borrower is obliged to fully repay the loan.

Comment of the head of the block Mortgage credit lending"Alfa-Bank" Ilya Zibarev:
“The borrower and co-borrower have the same rights and obligations, since they are equal participants in this transaction. If the borrower defaults, the obligation to repay the loan is fully transferred to the co-borrower. Let us remind you that at any time an apartment purchased on credit can be sold (by agreement with the bank). "

Civil Code of the Russian Federation:
Art. 323. Rights of the creditor in case of joint and several obligations.
2. The creditor who has not received full satisfaction from one of the joint and several debtors has the right to claim the less received from the remaining joint and several debtors
Joint and several debtors remain obligated until the obligation is fully discharged.

The degrees of joint liability may vary.
First option: the co-borrower and the borrower are equally liable, that is, for the entire duration of the loan agreement, they together repay the debt to the bank.

Second option: the co-borrower begins to pay the bills only after the default of the main recipient of the loan.

Read the mortgage agreement carefully: the nuances of the relationship of all participants in the credit transaction should be spelled out there!

But there are some pleasant moments in the life of the co-borrower: for example, he usually becomes the owner of the acquired real estate on a par with the borrower.

Do not confuse co-borrower and guarantor
When receiving a loan, in addition to the borrower and co-borrower, there is also a guarantor.
The guarantor is a person who guarantees that he will return the debt to the bank if the borrower and co-borrower, for any reason, cannot do this. Also, the guarantor is obliged to compensate the bank for the costs associated with debt collection - for example, legal costs incurred.

Usually, the income of the guarantors is not taken into account when issuing a loan.

Thus, the fundamental difference between the guarantor and the co-borrower lies in the order of collection: if the borrower defaults, the obligation to repay the loan first passes to the co-borrower, and only if he cannot repay the debt, to the guarantor.

How to become a co-borrower
Desire is not enough to become a co-associate. Banks impose certain requirements on these people:

- often only relatives of the borrower or his spouse can act as co-borrowers;
- the co-borrower, as a rule, must have Russian citizenship;
- be over 18 years old;
- continuous work experience of the co-borrower at the time of submission of documents must be at least six months.

You can become a co-borrower both voluntarily and according to the law, that is, in a "compulsory manner". The latter applies to spouses.

If your other half takes, then you automatically become a co-borrower for it. Indeed, according to the law, property acquired during marriage - joint ownership husband and wife, which means they must pay for him together. In addition, in this way, the bank insures its risks that may arise in the event of a divorce: if the husband and wife are jointly liable for the loan, then in case of non-payment, realize mortgage apartment it will be much easier.

However, the spouses have the opportunity not to become co-borrowers on the loan. To do this, you need to draw up a marriage contract, in which to register, in particular, this item.

General characteristics of the loan agreement

Under the loan agreement, the bank or other credit organization (lender) undertakes to provide funds (credit) to the borrower in the amount and on the terms, provided by the contract, and the borrower undertakes to return the received sum of money and pay interest on it (v.

819 of the Civil Code of the Russian Federation).

The subject of the loan agreement is only cash and non-cash funds, both in rubles and in foreign currency.

The loan agreement is bilateral, since, on the one hand, the bank is obliged to provide a loan, and the borrower is obliged to return on time the amount of the loan received and pay interest, on the other hand, the borrower has the right to demand the provision of a loan to him, and the bank receives the right to demand its return and payment percent.

Unlike a loan agreement, which is a real transaction, a loan agreement is a consensual transaction and enters into force from the moment the parties reach an agreement to issue a loan.

The loan agreement is onerous, since the payment of interest under the agreement is essential condition... Inclusion in the loan agreement of the provision of interest-free loan makes the transaction null and void.

Unless otherwise established by the rules of the Civil Code of the Russian Federation or does not follow from the essence of the loan agreement, the rules governing the loan agreement are applied to relations under the loan agreement (clause 2 of article 819 of the Civil Code of the Russian Federation).

Parties to the loan agreement

The creditors under the loan agreement may be banks and deposit-and-credit non-bank credit institutions that have the appropriate licenses of the Bank of Russia. Borrowers can be any legal entities and individuals with legal capacity and capacity.

Loan agreement form

According to Art. 820 the loan agreement must be concluded in writing. Failure to comply with the written form entails the invalidity of the loan agreement. Such an agreement is considered null and void. In practice, credit institutions develop standard credit agreements, which are merger agreements (Article 428 of the Civil Code of the Russian Federation). The party joining the agreement has the right to demand termination or amendment of the agreement, if the agreement of accession, although it does not contradict the law and other legal acts, but deprives this party of the rights usually granted under contracts of this type, excludes or limits the liability of the other party for violation of obligations, or contains other conditions that are clearly burdensome for the acceding party, which, based on its reasonably understood interests, would not accept if it had the opportunity to participate in defining the terms of the contract. However, if the acceding party knew or should have known on what conditions it concludes the contract, the request for termination or amendment of the contract is not subject to satisfaction.

If the loan agreement contains a clause on the pledge of real estate, it must be registered (Article 164 of the Civil Code of the Russian Federation). The procedure for state registration is established Federal law dated July 21, 1997 No. 122-FZ "On state registration of rights to real estate and deals with him. "

Civil law (p.

2 tbsp. 434 of the Civil Code of the Russian Federation), naming the ways of concluding contracts in writing, indicates that an agreement can also be concluded by exchanging documents through telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from a party to the contract. In practice, transactions using electronic digital signatures are often used, which meets the requirements of a simple written form.

Rights and obligations of the parties under the loan agreement

The main right of the borrower under the loan agreement is the right to demand the provision of funds in the amount and on the terms stipulated by the agreement.

The bank provides funds legal entities only by bank transfer by crediting funds to the current or correspondent account / subaccount of the borrowing client, opened on the basis of a bank account agreement; individuals - by bank transfer by crediting funds to the bank account of the client-borrower or in cash through the bank's cash desk. Funds in foreign currency are provided to legal entities and individuals authorized banks by bank transfer.

According to the Regulation of the Bank of Russia dated August 31, 1998 No. 54-P "On the procedure for providing (placing) credit institutions monetary funds and their return (repayment) ”the bank can provide funds to the clients of the bank in the following ways:

1) one-time crediting of funds to bank accounts or the issuance of cash to the borrower - an individual;

2) opening a credit line, i.e. concluding an agreement / agreement on the basis of which the client-borrower acquires the right to receive and use funds within a specified period, subject to one of the following conditions:

– total amount the funds provided to the client-borrower do not exceed the maximum amount (limit) specified in the agreement (“issue limit”);

- during the period of validity of the agreement / agreement, the amount of the one-time debt of the client-borrower does not exceed the limit established by the agreement (“debt limit”).

At the same time, banks have the right to limit the amount of funds provided to the client-borrower within the framework of the last open credit line, by simultaneously including both of the above conditions in the relevant agreement, as well as using any other additional conditions for this purpose.

The conditions and procedure for opening a credit line for a client-borrower are determined by the parties either in a special general (framework) agreement / agreement, or directly in the agreement for the provision (placement) of funds.

Opening a credit line should also be understood as the conclusion of an agreement for the provision of funds, the terms of which differ in their economic content from the terms of an agreement providing for a one-time (one-time) provision of funds to a client-borrower;

3) lending by the bank to the bank account of the client-borrower (if there is insufficient or no funds on it) and payment of settlement documents from the bank account of the client-borrower, if the terms of the bank account agreement provide for the specified operation. The bank lending to the bank account of the borrowing client in case of insufficient or lack of funds on it is carried out when set limit (i.e. maximum amount, for which the specified operation can be carried out) and the period during which the arising credit obligations of the bank client must be repaid.

This procedure equally applies to operations on the provision of loans by banks in the event of insufficient or lack of funds in the client's bank account - natural person ("Overdraft") in the event that the relevant condition is provided for by the concluded bank account agreement or the deposit (deposit) agreement;

4) participation of the bank in providing funds to the bank's client on a syndicated (consortium) basis;

5) in other ways that do not contradict the current legislation.

Funds are provided by the bank to the client on the basis of an order signed by an authorized official of the bank, which indicates the number and date of the agreement, the amount of funds provided, the term for payment of interest and the amount of the interest rate, the term / terms (date) of repayment (return) of funds - the total amount or several amounts, if repayment will be made in installments, for loan agreements - a digital designation of the credit risk group, the value of the collateral (if there is a collateral agreement), the amount for which it was received bank guarantee or a surety, a list of documents attached to the order and other necessary information.

If the parties accept additional agreements to the agreement on the provision of funds on changing the terms (provision of funds in parts, refund of funds, including payment of interest) and (or) interest rates and other conditions, an additional order is drawn up signed by the authorized official the bank to the bank's accounting division.

In accordance with Art. 24 of the Law on Banks, creditor banks are required to create reserves for possible losses on the provided money in accordance with the procedure established by the Bank of Russia in order to cover possible losses associated with the non-return of funds received by borrowers.

The classification of loans and equivalent debts by risk groups, the creation of reserves for possible losses on loans is carried out in accordance with the Instruction of the Bank of Russia dated March 26, 2004 No. 254-P "On the procedure for the formation by credit institutions of reserves for possible losses on loans, for loan and equivalent to her debt. "

According to Art. 821 of the Civil Code of the Russian Federation, the lender has the right to refuse to provide the borrower with the loan provided for by the loan agreement in whole or in part if there are circumstances that clearly indicate that the amount provided to the borrower will not be returned on time (for example: the debtor's insolvency, bringing him to responsibility, etc.) ... The lender also has the right to refuse further lending to the borrower under the agreement in case of violation by the borrower of the obligation provided for in the loan agreement targeted use credit (Article 814 of the Civil Code of the Russian Federation).

In turn, the borrower has the right to refuse to receive all or part of the loan without any reasoning, simply because there is no longer any need. He must notify the lender of this before the deadline for granting the loan, unless otherwise provided by law or agreement. The agreement may provide for liability for refusal to receive a loan by the borrower, or the possibility of refusal may be completely excluded.

Thus, Art. 821 of the Civil Code of the Russian Federation establishes the possibility of unilateral amendment or termination of the contract.

The main right of the lender under the loan agreement is the right to demand the return of the loan and receive interest from the borrower on the loan amount in the amount and in the manner specified by the agreement. In the absence of a condition on the amount of interest in the agreement, their amount is determined by the refinancing rate existing at the location of the lender on the day the borrower pays the loan amount or its corresponding part.

Unless otherwise agreed, interest is paid monthly until the day the loan amount is repaid.

The loan must be repaid within the period specified in the agreement. The loan amount can be repaid ahead of schedule only with the consent of the lender. The agreement may set a fee to the lender for the early repayment of the loan by the borrower.

In cases where the borrower does not return the loan amount on time, interest is payable on this amount in the amount provided for in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation, from the day when it was supposed to be returned until the day of its return to the creditor, regardless of the payment of interest provided for in paragraph 1 of Art. 809 of the Civil Code of the Russian Federation, charged for the use of a loan (unless otherwise provided by law or contract).

If the agreement provides for the return of the loan in installments (in installments), then if the borrower violates the period established for the return of the next part of the loan, the lender has the right to demand early return the entire remaining loan amount, together with any interest due. Federal Law No. 102-FZ of July 16, 1998 "On Mortgage (Pledge of Real Estate)" established that foreclosure on property pledged to secure an obligation performed by periodic payments is allowed if the payment deadlines are violated more than three times within 12 months , even if each delay is insignificant, unless otherwise provided by the mortgage agreement.