When Do I Use A Director/shareholder Loan Agreement?
Here we’ll tell you what a director/shareholder loan is used for and why you may need one.
In a nutshell, it’s common for directors and shareholders to put money ‘into’ the business. Importantly, if this money is coming in as a loan, you should get the terms and conditions of the loan in an agreement to keep a record of the loan. Also, this clearly establishes in detail the obligations of each party in the agreement, along with any other terms or conditions.
You can use a Director Loan Agreement or Shareholder Loan Agreement depending on who is financing the loan to the company.
What is a Director/Shareholder loan?
A Director or Shareholder loan is one of the common ways of debt financing in a company. Typically, this is especially the case for startups before they have a largely profitable business and cannot get conventional bank financing. In essence, it is a loan given by a director or a shareholder to the company to meet its financing needs.
Notably, it should not be mistaken with a loan from the company to the shareholder or director. Usually, this is a restricted transaction and can only be made after meeting certain conditions set forth in the corporate laws.
What is debt financing?
Chiefly, when a company borrows money that they will pay back at a future date. This is known as debt financing. In fact, any form of loan falls under debt financing. This includes a director/shareholder loan.
Other ways to get money into a company
Additionally, another way to get money into a company is with equity financing. This is where a company raises money by issuing shares of the company. Essentially, the main difference being that unlike a debt/loan, the money brought in through equity does not need repaying.
Why do I need a Director/Shareholder Loan Agreement?
Generally, it is always best to have a written loan agreement to keep a record of the loan and the obligations of each party. Additionally, it details any other terms or conditions in order to avoid any problems or disputes in the future.
What is a Director/Shareholder Loan Agreement?
A Director Loan Agreement is a loan agreement for a company to borrow money from its director. Likewise, a Shareholder Loan Agreement is a loan agreement for a company to borrow money from its shareholder. In fact, if a person is both a shareholder and a director, you can use choose either the director loan or shareholder loan agreement.
It includes terms and conditions of the loan such as:
Interest rate (if any);
Term of the loan or Availability period; and
Dates for repayment.
Given the relationship between the company (the borrower) and the director/shareholder (the lender), a Director/Shareholder Loan may not necessarily contain extensive representations and warranties, or any obligations or restrictions on the part of the borrower.
To sum up, when taking a loan from key personnel of the company, such as a director or a shareholder, it is important to keep a record of the transaction. Also, keeping track of the payment terms as well as any other terms and conditions such borrowing might entail.
The Zegal Template Library
Zegal’s template library represents a complete and curated list of essential and premium business templates that can be used directly, for everyday business needs. Importantly, whether you’re a startup or a larger enterprise, you will find that our Zegal automation solution allows anyone to create a legal agreement, any time, anywhere. All without a need for an expensive lawyer. Why do we do this? Well, we think that running your business day-to-day is important, and having these templates at your fingertips allows you to not miss a beat!
Lawyers draft and curate all of our legal templates for ease of understanding using plain English. Just fill out our guided questionnaires, and we will create the contract for you. Using our patent-pending expert rules engine, we automate the creation of complex legal contracts.
Try it for free today!
You Might Also Like
Along with this document, make sure you see these other templates in our library:
Employee Option Repurchase Agreement
Share Appreciation Rights Plan
Share Option Plan
By Will Elton
Founded in 2013, Zegal is the fastest growing LegalTech company operating across Asia Pacific and Europe. Today, business users and lawyers across the globe trust Zegal’s software to solve legal problems in an affordable and efficient way.
Zegal is led by a talented team of 60 employees and has offices in Hong Kong, Singapore, Nepal, Australia, New Zealand, and the UK.
Zegal has been featured in the New York Times, Forbes, and Huffington Post, and was recently recognised in the South China Morning Post as an emerging LegalTech company in the artificial intelligence space.