Friday, November 5, 2010

Commercial documents necessary for loan availment by companies

First, let us define some of the terms in line with the commercial documents which are necessary in the processing of loan availments:

Loan – it is a transaction wherein the owner of the property, called the LENDER, allows another party, the BORROWER, to use the property. The borrower customarily promises to return the property after a specified period with payment for its use, called INTEREST. The documentation of the promise is called a PROMISSORY NOTE when the property is cash.

Collateral -- ASSET pledged to a lender until the loan is repaid. If the borrower defaults, the lender has the legal right to seize the collateral and sell it to pay off the loan.

Letter of credit – (L/C) An instrument or document issued by a bank guaranteeing the payment of a customer’s draft up to a stated amount for a specified period. It substitutes the bank’s credit for the buyer and eliminates the seller’s risk. A “confirmed letter of credit” is provided by a correspondent bank and guaranteed by the issuing bank. A “commercial letter of credit” is normally drawn in favor of a third party, called the beneficiary.

Trust Receipt – A commercial document whereby the bank releases the goods in the possession of the entrustee but retains ownership thereof while the entrustee shall sell the goods and apply the proceeds for the full payment of his liability with the bank. It is a security arrangement to which a bank acquired ownership of the imported personal property . It is a security transaction intended to aid in financing importers and retail dealers who do not have sufficient funds or resources to finance the importation or purchase of merchandise, and who may not be able to acquire credit except through utilization, as collateral, of the merchandise imported or purchased.

The failure of the entrustee to return the goods covered by the trust receipt or of the proceeds from the sale thereof shall constitute the crime of estafa.
Promissory note – It is a written promise committing the maker to pay the payee a specified sum of money either on demand or at a fixed or determinable future date, with or without interest.

Mortgage – A debt instrument by which the borrower (mortgagor) gives the lender (mortgagee) a lien on the property as security for the repayment of a loan. The borrower has use of the property, and the lien is removed when the obligation is fully paid. A mortgage normally involves real estate which is called Real Estate Mortgage. For personal property, such as machines, equipment, or tools, the lien is called a chattel mortgage.

Credit – that which is extended to a buyer or borrower on the seller or lender’s belief that that which is given will be repaid. The document evidencing the credit line given to a borrower is called Credit line agreement.

Surety – one who undertakes to pay money or perform other acts in the event the principal fails to do so; A surety is directly and immediately liable for the debt. The document evidencing such is called a surety agreement.

Deposits- Cash, checks or drafts placed with a financial institution for credit to a customer’s account.


The following are the commercial documents which are usually necessary and required in the processing of loan availment in favor of the borrower (corporation):
1. Promissory Note --
2. Credit Line Agreement
3. Real Estate Mortgage
4. Chattel Mortgage
5. Surety Agreement
6. Letter of Credit
7. Trust Receipt

As part of the regulation of the government, the bank (a person extending “credit” must give the debtor (borrower) in writing, a recital of the following upon extending a loan:
1. Cash price;
2. Amount credited if on installment price;
3. Difference between cash and installment price; and
4. Recital of finance charges and what these charges bear to the amount to be financed in percentage.

There are additional charges imposed for the application of loan such as notarial fees, insurance fees, documentary stamp tax, and handling fees. Non-compliance would authorize the debtor to recover any interest payment made.

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