Loan Money Agreement

Loan Money Agreement

Money is the nerve of the dream, and sometimes we need to borrow money from others. This article we’re going to talk about Loan Money Agreement and relevant legal matters. It is useful for both lender and borrower. However, this article doesn’t include loan Security Agreements which we’re going to talk about in the future. 

If you do it in Thailand, below are the important points to know. 

A Loan of Money is a Part of a Loan for Consumption

The Section 650 of Civil and Commercial Code (C.C.C.) provides the definition of a loan for consumption as a contract whereby the lender transfers to the borrower the ownership of a certain quantity of property which is consumed by the user, and the borrower agrees to return a property of the same kind, quality and quantity.

The contract is complete only on delivery of the property means in the case of loan of money,  the payment is in full of the amount borrowed.

Compulsory Form of the Contract

The contract itself is only subject to writing and signing (evidence) by the borrower. The Lender’s signature and Witness’s signatures are not required (Section 653 of C.C.C). This evidence doesn’t need to mention about the word loan or who is the lender, if it is enough to understand that the defendant owes the plaintiff and the defendant will make the payment to the plaintiff (Supreme Judgement No. 5235/2542, 807/2529, 408/2532) Also, online chat like Facebook Messenger, Line or WhatApp can be evidence for the lender to file the lawsuit against the borrower according to the Electronic Transactions Act B.E. 2544, Section  8, 9 and 653 C.C.C, Supreme Judgement No. 8089/2556 )

Exception in case of a  loan of money for a sum not exceeding two thousand baht in capital doesn’t need written evidence. But keep it in mind that the lender still needs to prove that he/she has completed the payment.

The best evidence that the amount borrowed has been refunded is the payment transfer evidence. No repayment of a loan of money evidenced by writing may be proved unless there is some written evidence signed by the lender, or the document evidencing the loan has been surrendered to the borrower or cancelled.

Note that to be usable at the Court, the agreement shall bear duty stamp, otherwise, the judge will reject it for procedure breach according to the Section 85 of the Civil Procedure Code and  Section 118 of the Revenue Code.

Interest and Calculation

According to Section 654, the usurious rate is 15% per year; when a higher rate of interest is fixed by the contract, even Section 654 stipulates that it shall be reduced to 15% per year but under The Act Prohibiting Calling Interest Over Rate, B.E. 2475 Section 5 and C.C.C.Section 150. However, this isn’t applicable for financial institutions. In this case the interest rate would be 3% annum.  

Normally the capitalization of interest is not accepted. The Section 655 of C.C.C. stipulates that interest shall not bear interest. But one exception is possible if the parties to a loan of money agree that the interest due for not less than one year shall be added to the capital, and that the whole shall bear interest, but such agreement must be made in writing.

Commercial usage for the calculation of compound interest in current accounts, as well as in similar commercial transactions, are not governed by the forgoing paragraph.

Prescription

Generally is 10 years from the refund due date however, when the refund is agreed to be done by installment and each installment including part of the capital and part of the interest, the right to claim repayment of the loan is therefore valid for 5 years according to the C.C.C, Section 193/30 and 193/33 (2) and Supreme Judgment No. 12442/2553.

Borrower or Lender, before signing any contract, better to come to see us to talk about this loan of money, the question of the guarantee is also primordial.

Article By:
Akenarin Thongplod Thai Barrister at Law and Notaries Services Attorney
& Frederic Retif, Master in Business law