A Loan from Director or Shareholder is an agreement for use when a director or shareholder lends money to their company.
There are occasions when the directors or shareholders of a company decide to lend money to the company, often where the company is relatively new and cannot borrow from lenders but still needs assistance relieving its debt load.
With more businesses struggling to obtain funding from lending institutions, they are looking for alternative ways to inject cash into their businesses. This is often achieved by way of a director's or shareholder's loan. Usually, money invested into a business by way of director's or shareholder's loan will be paid back when the company is in a position to do so.
By drawing up a Loan from Director or Shareholder, the director or shareholder becomes a creditor of the company and upon liquidation this debt will take priority over the ordinary shareholders of the company.
When drafting a Loan from Director or Shareholder, it is important to focus on a number of key clauses, in particular:
Seed Investment Agreement (Ordinary Shares)
Simple Agreement for Future Equity (SAFE)
Term Sheet (Ordinary Shares)
Convertible Note Purchase Agreement
Convertible Note Term Sheet
Convertible Note Certificate
Commercial Loan Agreement
Directors' Resolution to Issue Shares