Unsecured Loan without Guaranty - Fixed

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Loan Agreement for an Unsecured Loan without Guaranty - Fixed for use in Australia.

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A Loan Agreement defines the terms and conditions under which a lender advances funds to a borrower. The document includes terms for an unsecured loan advanced to a borrower. Here, there is no need for the Lender to hold a collateral security over property or other assets owned by the borrower in the event of default.

This Loan Agreement for an Unsecured Loan without Guaranty - Fixed provides options as to whether interest is payable or not, and whether the loan is repayable by installments. If the loan is to be repaid on a fixed date or on the happening of an event then that date or event can be inserted.

This form has been designed for use in Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
LOAN AGREEMENT
Unsecured Loan -without Guaranty - Fixed 

 

 
THIS LOAN AGREEMENT (“Agreement”) is made the ____________________ day of _______________ 20__.
By and Between:
___________________of ________________________ (the "Lender")
And
___________________of ________________________ (the "Borrower")
 
IT IS AGREED:
1.   DEFINITIONS
In this Agreement unless the context otherwise requires:
(a)   "advance date" means the date on which such advance is made;
(b)   "business day" means any date on which Trading Banks and the Lender are open for ordinary business in ______________[Mention State];
(c)   "debt" means the sum from time to time of all advances outstanding together with interest thereon calculated by the Lender in accordance with this Agreement and all other monies payable (actually or contingently) by the Borrower to the Lender hereunder and where the context admits each component part;
(d)   "event of default" means any of the events described in this Agreement;
(e)   “Expiry datemeans the date as mentioned in Item 1 of the Schedule;
(f)   words importing one gender shall include every gender;
(g)   where more than one person is the Borrower this Agreement shall bind those persons jointly and each of them severally;
(h)   any reference to any of the parties of their defined terms includes the party's executors, administrators and permitted assigns, or being a company its successors and permitted assigns;
(i)   reference to an “Item” is a reference to an Item in the Schedule to this Agreement;
(j)    the head notes are for reference purposes only; and
(k)   reference to a person includes a corporation and vice versa.
 
2.   LOAN
Subject to the terms of this Agreement the Lender hereby grants the Borrower an unsecured loan of the Amount of $______ (the “Loan”). If the parties agree, the Loan may be provided in 2 or more instalments. The Borrower acknowledges receipt of the full amount of the Loan.
 
3.   CONDITIONS PRECEDENT TO ADVANCE
(a)   The Lender shall advance to the Borrower the Loan on the advance date;
(b)   The Lender is not obliged to make the advance unless the Lender has satisfied itself that all searches and enquiries in relation to the Borrower have resulted satisfactorily and there has not arisen any matter which in the opinion of the Lender could materially affect the rights or interests of the Lender.
 
4.   REPAYMENT
 
(a)   The Borrower will pay to the Lender the debt and all interest accruing thereon on the date and the manner stipulated in Item 5.
 
(b)   The Borrower may, at any time repay the whole of the debt however the Borrower shall pay at least two months interest notwithstanding that the date of repayment of the loan may be less than two months after the advance date.
 
ALTERNATIVE
(a)   The Borrower must repay the Loan on the Expiry Date.
 
(b)   The Borrower may, on one (1) month's written notice to the Lender, and with the consent of the Lender, repay the Loan in full before the Expiry Date, but the repayment will only be consented to by the Lender if, in consideration for the Lender giving the consent, the Borrower makes the payment on the last Business Day of a month.
 
5.      INTEREST
 
(a)   The Borrower must pay interest on the Loan at the Rate of Interest of ____________% on the last Business Day of the month in which the Loan or the first instalment of the Loan is provided by the Lender, and then on the last Business Day of every following month.
(b)   If any interest is not paid within 7 days after it becomes due for payment, the interest is added to the Loan from the date it became due and bears interest from that date, but without prejudice to the Lender's right immediately to sue for that interest, or the other rights of the Lender on default.
(c)   The interest must be paid on the Loan or sums forming part of the Loan from the dates they are provided until the Expiry Date or until earlier repayment under clause 4(b) (but if the Borrower makes default in repaying the Loan on the Expiry Date, then until repayment).
 
6.   NO DEDUCTIONS
All money payable by the Borrower must be paid in full without any deduction on account of any income or other taxes or charges present or future.  If the Borrower is compelled by law to deduct any taxes or charges the Borrower must pay to the Lender such further sum as will result in the receipt by the Lender of the full amount payable.
 
7.   DEFAULT
(a)   Lender's Rights on Default
If an Event of Default occurs or is deemed to have occurred, then at the Lender's option, without any notice:
i.          the Lender may decline to provide any part of the Loan which has not already been provided.
 
(b)   Events of Default
   The following are Events of Default:
i.         the Borrower breaches a term of:
a.   this agreement; and/or
b.   any other agreement, instrument or document between the Borrower and the Lender with regard to this agreement; 
ii.   any warranty or representation made or deemed to have been made under this agreement, or any other written agreement between the Lender and the Borrower proves to have been untrue or misleading when made or deemed to have been made;
iii.   if all or any part of this Agreement becomes void, illegal, invalid, unenforceable or of limited or reduced force or effect;
iv.   an order for payment is made or a judgment is entered against the Borrower, or any related body corporate of the Borrower and is not satisfied within 7 days;
v.   any creditor of the Borrower levies, or attempts to levy, any distress or execution against any property of the Borrower;
vi.   the Borrower being a body corporate, becomes an externally-administered body corporate under the Corporations Act;
vii.   steps are taken by any person towards making the Borrower an externally-administered body corporate;
viii.   the Borrower is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act; or
ix.   If any representations, warranties or conditions precedent or subsequent described in this Agreement or  otherwise or replies to any requisitions made by the Borrower are or become untrue, false or misleading;
 
AND a determination by the Lender that any of these events has occurred shall be final and binding on the Borrower.
8.   GENERAL COVENANTS BY BORROWER IN RELATION TO LOAN
(a)   Borrower to Provide Financial Information
 
The Borrower must deliver to the Lender all financial and other information which the Lender requires from time to time.
(b)   Borrower to Reimburse the Lender
The Borrower must pay to the Lender on notice any money which the Lender may reasonably see fit to pay to remedy any default of the Borrower.
9.     APPLICATION OF MONEY
 
Money received by the Lender from the Borrower may be applied towards interest or other legitimate purposes at the Lender's discretion.
10.    WARRANTIES
 
(a)   The Borrower warrants that:
i.          it has fully disclosed in writing to the Lender all facts relating to the Borrower, its related bodies corporate, and anything in connection with them that are material to the assessment of the nature and amount of the risk undertaken by the Lender in entering into this agreement;
ii.         no action, proceeding or arbitration is pending or threatened against the   Borrower before any court, administrative tribunal or arbitrator which could or might result in any material adverse change in the business assets or credit of the Borrower; and
iii.         all financial statements and information furnished by the Borrower to the Lender are complete and correct and there are no other material facts or considerations the omission of which would render any of the information misleading.
 
11.   ACKNOWLEDGEMENT
 
(a)   The Borrower acknowledges that:
i.   the Loan is to be applied by the Borrower wholly or predominantly for ___________ purposes [Mention Purposes for Loan];
ii.   The Lender has recommended that the Borrower obtain independent legal and financial advice about the Loan and that the Borrower has had the opportunity to obtain such advice;
iii.   The Borrower has been provided with a copy of the Lenders fees and Charges Schedule and has agreed for those fees and charges to be deducted from the advance of the loan funds at settlement.
 
12.   TRUST PROVISIONS [Add only when a Trust is present]
 
Where a Borrower has executed this agreement in its capacity as trustee of a trust ("Trust"), whether or not the fact that the Borrower is a trustee is disclosed to the Lender, the Borrower acknowledges that this agreement is binding on the Borrower personally and in its capacity as trustee of the Trust and that the Lender's right of recourse extends to both the assets of the Borrower personally and the assets of the Trust.
 
13.   MISCELLANEOUS PROVISIONS
 
(a)     Inconsistencies
       So far as is possible, this Agreement must be read together with all other agreements or documents entered into in connection with this agreement and, in the event of inconsistency, the provision most favourable to or which confers the greatest benefit on the Lender prevails.
(b)   Certificates
  A certificate purporting to be signed by the Lender or an officer of or agent for the Lender stating:
i.        the amount owing or contingently owing by the Borrower at a certain date  under this agreement;
ii.        that a particular Event of Default has occurred; or
iii.        any other act matter or thing arising under this agreement;
      is for all purposes prima facie evidence of the facts stated in the certificate.
(c)    Lender's Power to Assign
 The Lender may assign the benefit of this agreement.
(d)   Time of the Essence
  Time is of the essence of the Borrower's obligations under this agreement unless otherwise agreed in writing by the Lender.
(e)    Further Assurance
The Borrower must promptly at the Borrower's own cost do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
(f)   Severability
If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.
(g)    Entire Agreement
This Agreement represents the entire agreement between the parties and all prior or contemporaneous representations, statements and agreements (if any) made by the Lender or the Lender's representatives are merged in this agreement.
(h)   Variation
An amendment or variation to this agreement is not effective unless it is in writing and       signed by the parties.
(i)   Waiver Excluded
i.       A party's failure or delay to exercise a power or right does not operate as a   waiver of that power or right.
ii.        The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
iii.       A waiver is not effective unless it is in writing.
iv.         Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
 
(j)   Costs and Expenses
The Borrower must pay or reimburse the Lender on demand for:
i.        the reasonable costs, charges and expenses of the Lender in connection with the negotiation, preparation, execution, stamping and completion of this agreement and of any forms required by any statute or regulation to be lodged with any registry;
ii.        the reasonable costs, charges and expenses of the Lender or any attorney of the Lender in connection with:
 
   any consent, exercise or non-exercise of any rights, waiver, variation, release or discharge in connection with or of this agreement; and
   the contemplated or actual enforcement or preservation of any rights under this agreement including, without limitation, any expenses incurred in retaining any independent consultant or other person to evaluate any matter of concern and in the case of the Lender its administration costs in connection with those events; and
iii.        stamp duty and other taxes payable in connection with this agreement or in connection with any payment, receipt or other transaction contemplated by this agreement;
including, in each case without limitation, legal costs and expenses on a full indemnity basis or on a solicitor and client basis whichever is the greater.
(k)   Notices
 
Any notice to be given hereunder by any party to the other, may be affected either by personal delivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested.  Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each party may change their address by written notice in accordance with this paragraph.  Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing.  The Independent Contractor agrees to keep the Company current as to their business and mailing addresses, as well as telephone, email and mobile numbers.
 
(l)   Governing Law and Jurisdiction
 
i.   This agreement is governed by the laws of _______________[Mention State].
ii.   The parties submit to the non-exclusive jurisdiction of the courts of _______________[Mention State] and the Federal Court of Australia.
 
[SIGNATURE PAGE FOLLOWS]
 
THE PARTIES sign this Agreement on the day hereinbefore mentioned.
   
Signed for and on behalf of Lender  by:
By: _______________________
Name: ______________________
 
Signed for and on behalf of Borrower by:
By: _________________________________
Name: ______________________________
Name: ______________________________
 
 
 
SCHEDULE
Item1: Expiry Date:
 
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32603
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
LOAN AGREEMENT
Unsecured Loan -without Guaranty - Fixed 

 

 
THIS LOAN AGREEMENT (“Agreement”) is made the ____________________ day of _______________ 20__.
By and Between:
___________________of ________________________ (the "Lender")
And
___________________of ________________________ (the "Borrower")
 
IT IS AGREED:
1.   DEFINITIONS
In this Agreement unless the context otherwise requires:
(a)   "advance date" means the date on which such advance is made;
(b)   "business day" means any date on which Trading Banks and the Lender are open for ordinary business in ______________[Mention State];
(c)   "debt" means the sum from time to time of all advances outstanding together with interest thereon calculated by the Lender in accordance with this Agreement and all other monies payable (actually or contingently) by the Borrower to the Lender hereunder and where the context admits each component part;
(d)   "event of default" means any of the events described in this Agreement;
(e)   “Expiry datemeans the date as mentioned in Item 1 of the Schedule;
(f)   words importing one gender shall include every gender;
(g)   where more than one person is the Borrower this Agreement shall bind those persons jointly and each of them severally;
(h)   any reference to any of the parties of their defined terms includes the party's executors, administrators and permitted assigns, or being a company its successors and permitted assigns;
(i)   reference to an “Item” is a reference to an Item in the Schedule to this Agreement;
(j)    the head notes are for reference purposes only; and
(k)   reference to a person includes a corporation and vice versa.
 
2.   LOAN
Subject to the terms of this Agreement the Lender hereby grants the Borrower an unsecured loan of the Amount of $______ (the “Loan”). If the parties agree, the Loan may be provided in 2 or more instalments. The Borrower acknowledges receipt of the full amount of the Loan.
 
3.   CONDITIONS PRECEDENT TO ADVANCE
(a)   The Lender shall advance to the Borrower the Loan on the advance date;
(b)   The Lender is not obliged to make the advance unless the Lender has satisfied itself that all searches and enquiries in relation to the Borrower have resulted satisfactorily and there has not arisen any matter which in the opinion of the Lender could materially affect the rights or interests of the Lender.
 
4.   REPAYMENT
 
(a)   The Borrower will pay to the Lender the debt and all interest accruing thereon on the date and the manner stipulated in Item 5.
 
(b)   The Borrower may, at any time repay the whole of the debt however the Borrower shall pay at least two months interest notwithstanding that the date of repayment of the loan may be less than two months after the advance date.
 
ALTERNATIVE
(a)   The Borrower must repay the Loan on the Expiry Date.
 
(b)   The Borrower may, on one (1) month's written notice to the Lender, and with the consent of the Lender, repay the Loan in full before the Expiry Date, but the repayment will only be consented to by the Lender if, in consideration for the Lender giving the consent, the Borrower makes the payment on the last Business Day of a month.
 
5.      INTEREST
 
(a)   The Borrower must pay interest on the Loan at the Rate of Interest of ____________% on the last Business Day of the month in which the Loan or the first instalment of the Loan is provided by the Lender, and then on the last Business Day of every following month.
(b)   If any interest is not paid within 7 days after it becomes due for payment, the interest is added to the Loan from the date it became due and bears interest from that date, but without prejudice to the Lender's right immediately to sue for that interest, or the other rights of the Lender on default.
(c)   The interest must be paid on the Loan or sums forming part of the Loan from the dates they are provided until the Expiry Date or until earlier repayment under clause 4(b) (but if the Borrower makes default in repaying the Loan on the Expiry Date, then until repayment).
 
6.   NO DEDUCTIONS
All money payable by the Borrower must be paid in full without any deduction on account of any income or other taxes or charges present or future.  If the Borrower is compelled by law to deduct any taxes or charges the Borrower must pay to the Lender such further sum as will result in the receipt by the Lender of the full amount payable.
 
7.   DEFAULT
(a)   Lender's Rights on Default
If an Event of Default occurs or is deemed to have occurred, then at the Lender's option, without any notice:
i.          the Lender may decline to provide any part of the Loan which has not already been provided.
 
(b)   Events of Default
   The following are Events of Default:
i.         the Borrower breaches a term of:
a.   this agreement; and/or
b.   any other agreement, instrument or document between the Borrower and the Lender with regard to this agreement; 
ii.   any warranty or representation made or deemed to have been made under this agreement, or any other written agreement between the Lender and the Borrower proves to have been untrue or misleading when made or deemed to have been made;
iii.   if all or any part of this Agreement becomes void, illegal, invalid, unenforceable or of limited or reduced force or effect;
iv.   an order for payment is made or a judgment is entered against the Borrower, or any related body corporate of the Borrower and is not satisfied within 7 days;
v.   any creditor of the Borrower levies, or attempts to levy, any distress or execution against any property of the Borrower;
vi.   the Borrower being a body corporate, becomes an externally-administered body corporate under the Corporations Act;
vii.   steps are taken by any person towards making the Borrower an externally-administered body corporate;
viii.   the Borrower is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act; or
ix.   If any representations, warranties or conditions precedent or subsequent described in this Agreement or  otherwise or replies to any requisitions made by the Borrower are or become untrue, false or misleading;
 
AND a determination by the Lender that any of these events has occurred shall be final and binding on the Borrower.
8.   GENERAL COVENANTS BY BORROWER IN RELATION TO LOAN
(a)   Borrower to Provide Financial Information
 
The Borrower must deliver to the Lender all financial and other information which the Lender requires from time to time.
(b)   Borrower to Reimburse the Lender
The Borrower must pay to the Lender on notice any money which the Lender may reasonably see fit to pay to remedy any default of the Borrower.
9.     APPLICATION OF MONEY
 
Money received by the Lender from the Borrower may be applied towards interest or other legitimate purposes at the Lender's discretion.
10.    WARRANTIES
 
(a)   The Borrower warrants that:
i.          it has fully disclosed in writing to the Lender all facts relating to the Borrower, its related bodies corporate, and anything in connection with them that are material to the assessment of the nature and amount of the risk undertaken by the Lender in entering into this agreement;
ii.         no action, proceeding or arbitration is pending or threatened against the   Borrower before any court, administrative tribunal or arbitrator which could or might result in any material adverse change in the business assets or credit of the Borrower; and
iii.         all financial statements and information furnished by the Borrower to the Lender are complete and correct and there are no other material facts or considerations the omission of which would render any of the information misleading.
 
11.   ACKNOWLEDGEMENT
 
(a)   The Borrower acknowledges that:
i.   the Loan is to be applied by the Borrower wholly or predominantly for ___________ purposes [Mention Purposes for Loan];
ii.   The Lender has recommended that the Borrower obtain independent legal and financial advice about the Loan and that the Borrower has had the opportunity to obtain such advice;
iii.   The Borrower has been provided with a copy of the Lenders fees and Charges Schedule and has agreed for those fees and charges to be deducted from the advance of the loan funds at settlement.
 
12.   TRUST PROVISIONS [Add only when a Trust is present]
 
Where a Borrower has executed this agreement in its capacity as trustee of a trust ("Trust"), whether or not the fact that the Borrower is a trustee is disclosed to the Lender, the Borrower acknowledges that this agreement is binding on the Borrower personally and in its capacity as trustee of the Trust and that the Lender's right of recourse extends to both the assets of the Borrower personally and the assets of the Trust.
 
13.   MISCELLANEOUS PROVISIONS
 
(a)     Inconsistencies
       So far as is possible, this Agreement must be read together with all other agreements or documents entered into in connection with this agreement and, in the event of inconsistency, the provision most favourable to or which confers the greatest benefit on the Lender prevails.
(b)   Certificates
  A certificate purporting to be signed by the Lender or an officer of or agent for the Lender stating:
i.        the amount owing or contingently owing by the Borrower at a certain date  under this agreement;
ii.        that a particular Event of Default has occurred; or
iii.        any other act matter or thing arising under this agreement;
      is for all purposes prima facie evidence of the facts stated in the certificate.
(c)    Lender's Power to Assign
 The Lender may assign the benefit of this agreement.
(d)   Time of the Essence
  Time is of the essence of the Borrower's obligations under this agreement unless otherwise agreed in writing by the Lender.
(e)    Further Assurance
The Borrower must promptly at the Borrower's own cost do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
(f)   Severability
If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.
(g)    Entire Agreement
This Agreement represents the entire agreement between the parties and all prior or contemporaneous representations, statements and agreements (if any) made by the Lender or the Lender's representatives are merged in this agreement.
(h)   Variation
An amendment or variation to this agreement is not effective unless it is in writing and       signed by the parties.
(i)   Waiver Excluded
i.       A party's failure or delay to exercise a power or right does not operate as a   waiver of that power or right.
ii.        The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
iii.       A waiver is not effective unless it is in writing.
iv.         Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
 
(j)   Costs and Expenses
The Borrower must pay or reimburse the Lender on demand for:
i.        the reasonable costs, charges and expenses of the Lender in connection with the negotiation, preparation, execution, stamping and completion of this agreement and of any forms required by any statute or regulation to be lodged with any registry;
ii.        the reasonable costs, charges and expenses of the Lender or any attorney of the Lender in connection with:
 
   any consent, exercise or non-exercise of any rights, waiver, variation, release or discharge in connection with or of this agreement; and
   the contemplated or actual enforcement or preservation of any rights under this agreement including, without limitation, any expenses incurred in retaining any independent consultant or other person to evaluate any matter of concern and in the case of the Lender its administration costs in connection with those events; and
iii.        stamp duty and other taxes payable in connection with this agreement or in connection with any payment, receipt or other transaction contemplated by this agreement;
including, in each case without limitation, legal costs and expenses on a full indemnity basis or on a solicitor and client basis whichever is the greater.
(k)   Notices
 
Any notice to be given hereunder by any party to the other, may be affected either by personal delivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested.  Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each party may change their address by written notice in accordance with this paragraph.  Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing.  The Independent Contractor agrees to keep the Company current as to their business and mailing addresses, as well as telephone, email and mobile numbers.
 
(l)   Governing Law and Jurisdiction
 
i.   This agreement is governed by the laws of _______________[Mention State].
ii.   The parties submit to the non-exclusive jurisdiction of the courts of _______________[Mention State] and the Federal Court of Australia.
 
[SIGNATURE PAGE FOLLOWS]
 
THE PARTIES sign this Agreement on the day hereinbefore mentioned.
   
Signed for and on behalf of Lender  by:
By: _______________________
Name: ______________________
 
Signed for and on behalf of Borrower by:
By: _________________________________
Name: ______________________________
Name: ______________________________
 
 
 
SCHEDULE
Item1: Expiry Date:
 
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I am very happy with this purchase. The description of the document matched my requirements and it was simple to add or subtract clauses to exactly suit my needs.


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CA

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It was exactly what was needed to create a valid loan agreement, and so easy to obtain. Many thanks, Terence Allsep


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CA

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Palm Desert,

CA

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I am a pensioner and needed a comprehensive loan agreement applicable to Australia, without incurring the cost of a dedicated solicitor. Your agreement was exactly what I was looking for and @ $14.95, excellent value for money. It would be better if your site and forms were easier to find. I visited a number of sites, most USA format, before I found yours.


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