Comprehensive Loan Agreement Template in Thailand | Civil and Commercial Code

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on 25 September 2026

Download the bilingual Loan Agreement template · ดาวน์โหลดแม่แบบสัญญากู้ยืมเงิน

Choose your language order. The template is fully bilingual, English and Thai side by side. Prefer Thai first? Just ask us for a Thai-first copy after your purchase, at no extra cost.
เลือกลำดับภาษาได้ เอกสารเป็นสองภาษา หากต้องการให้ภาษาไทยขึ้นก่อน แจ้งเราได้หลังสั่งซื้อ ไม่มีค่าใช้จ่ายเพิ่ม

Silver members download the templates unlimited; Gold members can have a lawyer customise or review the loan. Add a licensed-lawyer review from ฿2,500. สมาชิก Silver ดาวน์โหลดแม่แบบไม่จำกัด · สมาชิก Gold ให้ทนายปรับแต่ง · เพิ่มทนายตรวจสอบเริ่ม ฿2,500 See membership →

Buy once, or join Silver · ซื้อครั้งเดียว หรือสมัคร Silver

The complete loan agreement, every section · สัญญากู้ยืมเงินฉบับเต็ม ครบทุกข้อ

This is the full bilingual document Silver members download as a template (Gold members can have a lawyer customise it), see the quality before you start.
นี่คือเอกสารฉบับเต็มสองภาษาที่ สมาชิก Silver ดาวน์โหลดเป็นแม่แบบได้ และสมาชิก Gold ให้ทนายปรับแต่งได้

Shareholder loans are a common way to fund a Thai company, covered in our guide to business setup in Thailand.

Our loan agreement drafting service

We prepare a personalised Thai-English agreement around your loan amount, repayment terms, agreed interest, default provisions and proposed security. Before payment, we confirm the drafting scope, fee, any applicable VAT and total payable. For a standard file, the first draft is usually ready within two to four business days after payment and complete information. Complex transactions need a separately confirmed timetable.

Drafting, signing and registration are separate steps. Mortgage or other security registration, company filings, negotiations, debt recovery and additional agreements are included only if expressly listed in your quote. A collateral clause does not mean registration has been completed.

If you order a loan, shareholder agreement and prenup together, each document has its own scope and target date. Changes to the transaction or additional documents require scope confirmation.

Review your draft before signing

Check the parties, amounts, transfer dates, repayment schedule and security description. Send questions together with clause numbers. We explain the relevant provisions and identify each issue as answered or awaiting revision before final approval.

To request a quote, email info@thailawonline.com with identification and addresses for the parties, the amount and currency, proposed repayment and interest terms, transfer history and any existing agreement or security documents.

Legal checks before signing or recovering a loan

Evidence, delivery and interest

For a loan exceeding 2,000 THB, Section 653 requires written evidence signed by the borrower for court enforcement. The evidence need not be a formal paper contract signed on the day of the advance. Electronic records and signatures meeting Sections 8 and 9 of the Electronic Transactions Act also qualify. A chat message is neither automatically sufficient nor automatically worthless: preserve the complete record, sender identification, agreed terms and transfer evidence. See the ETDA guidance on electronic signatures.

For an ordinary private loan, Section 654 sets a 15% annual ceiling. Do not assume an unlawful interest agreement survives at 15%: an agreement violating the usury prohibition is void as to contractual interest, while principal and lawful default interest require separate treatment. Section 654 itself says an excessive rate is reduced to 15%, but where the rate also breaches the usury Act the Supreme Court treats the interest term as void: the loan is read as carrying no agreed interest, none runs before default, and payments already made go to principal (Supreme Court Decision 2131/2560). Licensed lenders governed by special legislation have different rules. The 2017 Excessive Interest Rate Prohibition Act also prohibits disguised overcharging and carries up to two years’ imprisonment, a fine up to 200,000 THB, or both. See the Act published by DSI.

Ordinary and default interest differ. Section 7 supplies 3% where interest is payable but its rate is not fixed by agreement or an express legal provision. Silence does not automatically make an interest-free loan bear ordinary interest. Section 224 sets default interest at the Section 7 rate plus two percentage points, currently 5%, subject to a lawful higher entitlement. Section 224/1 addresses overdue instalment principal. See the Parliament explanation of the 2021 amendments.

Stamp duty and recovery deadlines

Under Stamp Duty Schedule Item 5, a loan instrument ordinarily attracts 1 THB for every 2,000 THB or fraction of the loan amount, capped at 10,000 THB, subject to exemptions. This is approximately 0.05%, with upward rounding. A qualifying duplicate under Item 23 attracts 1 THB if original duty is no more than 5 THB, otherwise 5 THB. Check the applicable payment method and deadline for the instrument and its execution: adhesive stamps are not the only permitted route.

Unpaid duty does not itself invalidate the loan. Revenue Code Section 118 restricts use of an insufficiently stamped instrument as evidence in a civil case until the duty requirements are satisfied. This is an evidence issue, not an absolute prohibition on filing proceedings. Late payment requires the applicable surcharge; arrange regularisation promptly with the Revenue Department.

Do not apply a ten-year deadline to every loan payment. Section 193/30 provides a ten-year general period where no specific period applies; instalments repaying principal fall under the five-year period in Section 193/33(2), and interest claims have their own five-year rule. Acceleration and the particular claim affect the calculation. A creditor’s demand letter alone does not interrupt prescription. Section 193/14 covers events such as the debtor’s acknowledgment, qualifying part payment and legal proceedings. Have the earliest deadline checked before waiting or negotiating. See the Community Development Department debt-recovery manual, prescription discussion and statutory extracts.

Business lending and international payments

Foreign nationality alone does not prevent a genuine private loan. However, the activity, parties, funding, security and cross-border elements determine which rules apply. Do not treat a private loan as permission to operate a lending business or fund a nominee landholding arrangement.

Lending as a business. Licensing depends on the lending activity and applicable Ministry of Finance and Bank of Thailand regime. Foreign Business Act restrictions require a separate check for a foreign operator. There is no simple safe harbour based on calling the transaction a one-off loan. See the BOT regulated personal-loan licensing guide.

Currency and cross-border payments. A THB denomination does not remove exchange-control or bank-documentation requirements for international transfers and non-resident transactions. Confirm the payment route and supporting documents with the authorised bank before sending funds. See the BOT exchange-control summary.

Signing and enforcement

For an ordinary loan signed by hand, witnesses are generally optional. Section 9 contains special requirements for a fingerprint or other mark used instead of a signature. Witnesses should observe the signing and be identifiable; their signatures do not replace evidence of delivery.

Notarial certification is not a general condition for enforcing a domestic loan. For overseas use, confirm the receiving authority’s certification, translation and legalisation requirements. The loan amount alone creates no universal notarisation requirement.

Use wording both parties understand and reconcile the Thai and English versions before signing. State the agreed prevailing language expressly. Do not assume every bilingual dispute automatically gives priority to Thai regardless of the parties’ intention. Court-language and translation requirements are a separate issue.

An acceleration clause affects when the outstanding principal becomes due, subject to its wording and applicable law. Several matured instalments need not produce several lawsuits. A court clause alone does not establish jurisdiction, particularly with an overseas defendant. Mortgage enforcement has separate registration and notice requirements.

Targeted review: 21 September 2026. This section and the FAQs address loan evidence, interest, repayment deadlines, stamp duty and related safeguards. Downloadable files require a separate document review before use.

Last reviewed: 25 September 2026. Sections 7, 9, 193/14, 193/30, 193/33, 224, 224/1, 653, 654, 681/1 and 728 of the Civil and Commercial Code were read in the Thai text in our annotated Code; section 4 of the Excessive Interest Rate Prohibition Act B.E. 2560 in its published text; items 5 and 23 of the stamp duty schedule on the Revenue Department’s own schedule page; and Supreme Court Decision 2131/2560 in full. Not re-checked in this review: the Electronic Transactions Act, Revenue Code section 118 and the lending-licence and exchange-control guidance linked above.

Adding a guarantor requires a separate legal check

A guarantor is optional. The absence of a guarantee does not make an unsecured loan agreement defective. If a third party agrees to guarantee repayment, record the obligation in writing with that person’s signature and identify the secured debt and the agreed limits. A mortgage and a personal guarantee are different forms of security.

Do not make an individual guarantor liable “as a joint debtor” through a standard-form clause. Section 681/1 of the Civil and Commercial Code invalidates that wording. Its second paragraph contains an exception for a juristic-person guarantor that consents to joint-debtor liability; that guarantor then loses the protections in Sections 688, 689 and 690. Check the contract date and applicable transitional rules before applying the 2015 amendments to an older agreement. Read Section 681/1 and its amendment notes before adding a guarantee.

FAQ · คำถามที่พบบ่อย

Related · ที่เกี่ยวข้อง

CCC §653 · §654 · §728 mortgage · Glossary: loan agreement · Debt collection · Membership

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