Loan agreement template
A money loan to family, a friend or your own company, with or without interest, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zmluva o pôžičke
- I. Zmluvné strany
- II. Predmet zmluvy
- III. Poskytnutie pôžičky
- IV. Úroky
- V. Vrátenie pôžičky
- VI. Omeškanie
Under a loan agreement the lender provides money to the borrower and the borrower undertakes to repay it after the agreed period. Interest may be agreed for a money loan; if it is not, the loan is interest-free.
The Civil Code does not require a loan agreement to be in writing. A written agreement is, however, the only record of how much the borrower received, when they must repay it and whether they pay interest, and these three points are what disputes over loans between acquaintances are about.
A loan only comes into existence when the money is handed over; signing the agreement alone does not create it. In a dispute the lender must therefore prove that the borrower actually received the money, and the safest evidence is a bank transfer marked as a loan.
A mistake that surprises both parties is a loan without a repayment date. If the time of performance has not been agreed, the borrower must repay the debt on the first day after the lender asks for it.
Who needs this document
- Parents lending to their children for a car, a flat or studies who want it clear that it is a loan, not a gift
- Acquaintances lending a larger sum who want to have in writing when and how it will be repaid
- A shareholder or managing director lending money to their own company
- A borrower who wants instalments they can manage and the right to repay early in the agreement
- Spouses or partners borrowing together who are both to be liable for the debt
- A lender who wants a guarantor for repayment
What the document must contain
- Precise identification of the lender and the borrower and, where relevant, the co-borrower and the guarantor
- The loan amount and how and when the lender hands it over; for cash, a sentence that the borrower has received the money
- Whether interest is paid and, if so, how much and when
- When and how the borrower repays: in one sum by a set date, in instalments or on demand with a time limit
- If repaid in instalments and the lender is to be able to demand the whole remainder when an instalment is missed, an express agreement on it
Legal basis
Občiansky zákonník (Civil Code)
Governs the loan agreement and interest on it, as well as the general rules on the time and place of performance, instalments, the borrower's default and limitation.
Obchodný zákonník (Commercial Code)
Restricts repayment of a loan provided to a company in crisis by its shareholder, a member of its statutory body or a person close to them.
Government Regulation No. 87/1995 Coll.
Sets the rate of default interest on a money debt.
Act No. 394/2012 Coll. on the limitation of cash payments
Prohibits cash payments above a certain value; it also applies to handing over and repaying a loan.
Act No. 129/2010 Coll. on consumer credit
Applies when a business lends to a consumer in the course of its activity; this template is not meant for that.
Most common mistakes
An agreement that only says the money will be provided
A loan only comes into existence when the money is handed over. If the agreement says the lender will provide the loan and nowhere states that the borrower received it, the lender must prove the handover some other way. For cash the agreement should therefore say that the borrower has received the money, and a bank transfer should be marked as a loan.
A loan without a repayment date
If the time of performance has not been agreed, the borrower must perform on the first day after the lender asks for it. If the borrower is to have time to repay, for example thirty days from the request, it has to be in the agreement.
Cash without a receipt
When money is handed over in cash, the borrower's signature under the sentence confirming receipt is the main proof they received it, and even that can be rebutted by other evidence. The same applies the other way round: when repaying in cash, the borrower should have every sum confirmed in writing. A bank transfer leaves a record, and a money debt paid by transfer is settled when the amount is credited to the lender's account.
Cash above the statutory limit
A cash payment above EUR 15,000 is prohibited between natural persons who are not entrepreneurs, and above EUR 5,000 in other cases. Payments from one legal relationship are added together, so repayment in instalments counts too. The agreement remains valid, but a fine may be imposed for the breach.
Instalments without an agreement on the whole remainder
The lender may demand the whole claim because an instalment was not paid only if that was agreed. Even then, the lender may use this right no later than the due date of the next instalment.
Interest contrary to good morals
The Civil Code does not set the amount of interest on a loan. A legal act whose content or purpose is contrary to good morals is, however, invalid. According to the courts, that is interest which substantially exceeds the rate usual at the time it was agreed, determined mainly by the highest rates charged by banks.
Default interest above the permitted rate
For a loan under the Civil Code, the rate of default interest is set by a government regulation and the courts treat that limit as binding: an agreement on higher default interest, such as a percentage for every day, is invalid.
A loan to your own company in crisis
A loan provided to a company in crisis by its managing director, a shareholder with at least 5 % or a person close to them replaces the company's own funding if the crisis is apparent from the financial statements or the lender knew or could have known of it. The company may not repay it while it is in crisis, nor if repayment would put it into crisis. A company is also in crisis when the ratio of its equity to its liabilities is less than 8 to 100. This does not apply to money provided for no more than 60 days, unless it is provided repeatedly.
A contractual penalty or a guarantor agreed orally
A contractual penalty can only be agreed in writing, and a guarantee arises from the guarantor's written declaration. An oral penalty or guarantee will not help the lender.
Frequently asked questions
Does a loan agreement have to be in writing?
No, the Civil Code does not require written form for a loan. A written agreement is, however, the only reliable record of the loan amount and the repayment date, and a contractual penalty and a guarantee must be agreed in writing.
What interest may I agree on a loan?
Interest may be agreed on a money loan, and the Civil Code does not set its amount for loans between private persons. A clause contrary to good morals is, however, invalid. The template adds a warning when interest is above 15 % per year; that is not a statutory limit but a signal to compare the rate with what banks offer.
What if the borrower does not repay on time?
They are in default, and the lender may demand default interest in addition to the amount owed. The rate is five percentage points above the European Central Bank's main refinancing rate in effect on the first day of default.
When does a loan become time-barred?
The general limitation period is three years and runs from the day the right could first be exercised; interest is also time-barred after three years. If the borrower acknowledges the debt in writing as to its basis and amount, it becomes time-barred after ten years from the acknowledgement, or, if the acknowledgement sets a time for payment, from the end of that time.
How do I prove I actually handed over the money?
Send the loan by bank transfer and write in the payment message that it is a loan under the agreement. For cash, have the borrower sign a sentence confirming receipt; merely having the money available, or a withdrawal from an account, does not prove the handover.
What if spouses or partners borrow together?
If both sign the agreement as borrower and co-borrower, they are jointly and severally liable for repayment and the lender may demand the whole amount from either of them.
Can a loan be enforced without going to court?
An enforceable title is a notarial record in which the borrower has consented to enforceability. For a loan, enforcement based on it may cover only the money provided and default interest. An ordinary loan agreement is not an enforceable title, so the lender must first sue.
Can the borrower repay early?
This template expressly allows it, and the borrower then pays interest only for the time they had the money. The lender must also accept partial performance unless it conflicts with the agreement or the nature of the claim.
Can I lend as a company under this template?
The template is meant for loans outside the lender's business. When a business lends to a consumer as part of its business activity, it is a consumer contract with special rules the template does not cover, and consumer credit may be provided only with an authorisation from the National Bank of Slovakia. If you enter the lender with a company ID, the document will flag it.
Loan agreement for your business
You fill in your company details and the document is ready in under a minute.
Generate the document