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Friendly Loan Agreement in Malaysia

Friendly Loan Agreement in Malaysia by TYH & Co. Law Firm in Malaysia

Friendly Loan Agreement in Malaysia

A friendly loan agreement is a written contract between two individuals that outlines the terms of a loan. It is often used when one person lends money to another person, such as a friend or family member. The agreement can help to protect both parties in the event of a dispute.

Is friendly loan agreement valid under the law?

In Malaysia, friendly loan agreements are legal as long as the lender does not charge excessive interest. The Moneylenders Act 1951 regulates the lending of money in Malaysia.

So how much of interest is reasonable and legally valid? It is advisable to charge not more than 5% per annum of interest to ensure that the agreement is legally valid and enforceable under the law.

There are many reasons why someone might choose to enter into a friendly loan agreement. For example, they may need money to cover an unexpected expense, such as a medical bill or car repair. Or, they may be looking to improve their credit score by making regular payments on a loan.

Terms of friendly loan agreement

Whatever the reason, it is important to have a written agreement in place to protect both parties. The agreement should include the following information:

  • The amount of money being loaned
  • The interest rate, if any
  • The repayment terms
  • The security, if any
  • The consequences of default

Here are some additional tips for creating a friendly loan agreement in Malaysia

  • Be clear and concise. The agreement should be easy to understand for both parties.
  • Use plain language. Avoid using legal jargon.
  • Be specific. The agreement should spell out the terms of the loan in detail.
  • Get it in writing. Get a lawyer to draft the agreement and witness the signing of parties to ensure that it is legally valid.

It is important to discuss these terms with the borrower and to get everything in writing in the friendly loan agreement. This will help to avoid any misunderstandings or disputes down the road. This is particularly important even if both lender and borrower are close relatives or friends.

Conclusion

A friendly loan agreement can be a helpful way to lend money to a friend or family member. However, it is important to have a written agreement in place to protect both parties. Remember that it is better to be safe than sorry.

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