Money loan agreement
Loan - a type of obligation, an agreement according to which one party ( the lender ) transfers or commits to transfer ownership or management to the other side ( to the borrower ) , securities or goods determined by generic characteristics (for example: number, weight, measure), and the borrower agrees to return an equal amount of money or an equal number of things or securities of the same kind and quality.
A loan agreement is a real agreement, in cases provided by law, it may be consensual. A real loan agreement is considered concluded from the moment of reaching an agreement on the transfer of money or things (there are no special conditions for what is an essential condition in the legislation, however, in the sense of the Civil Code, they will most likely be a condition on its subject). If the contract is based on prior agreement of the parties, then it will be consensual.
A loan agreement is onerous, unless otherwise provided by legislative acts or an agreement.
A loan agreement is concluded orally or in writing in accordance with the requirements of Article 151, 152 of the Civil Code of the Republic of Kazakhstan. A loan agreement is deemed to have been concluded in proper writing also in the presence of bonds, a receipt from the borrower or other document certifying that the lender has transferred a certain amount or a certain number of things to him (clause 2 of Article 716 of the Civil Code of the Republic of Kazakhstan).
PARTIES TO THE LOAN AGREEMENT
Parties to the loan agreement lenders and borrowers may be any subject of civil law. Individuals may not be parties to loan agreements due to the fact that they do not have the appropriate capacity. The same applies to legal entities whose legal capacity is of a special nature. They can act as lenders only in cases provided for in their charter or with the direct permission of the owner of the property of this legal entity. They can borrow money to finance their statutory activities or the entrepreneurial activity permitted by law. However, significant restrictions are contained for state institutions, they cannot attract borrowed funds (since they are financed only from budgetary funds), in addition to deferring or installment payments for them in paying the price of the contract. As noted earlier, this is done as part of an independent contract of sale, other contracts, and the conditions themselves, providing for deferred or installment payments under the contract, relate to the usual conditions of the relevant contracts.
Legal entities and citizens are prohibited from raising money in the form of a loan from citizens, carrying out activities related to this as an entrepreneurial activity on a permanent basis (clause 3 of article 715 of the Civil Code of the Republic of Kazakhstan). Also, they are not entitled to act as lenders under bank loan agreements.