What legal agreement is needed for investing in a business?

I need help drafting a legal agreement for investing or providing loan funds to an existing sole proprietorship firm (with GST registration) with fixed returns and no risk. Query: • The repayment period should be 24 months. • A fixed return of 5% on the invested amount must be paid, regardless of the business's profit or loss. • What legal structure should be used for such an agreement (e.g., Promissory Note, Business Loan Agreement, Friendly Loan Agreement, MoU, or Hundi)? • Since individuals cannot legally charge interest without a money lending license, can this return be termed as royalty, profit share, or some other legal term? • The investment should be risk-free, considering the business was profitable at the time of investment and had assets.

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Advocate By LEAD INDIA Answered: 10 Apr 2025

Use a Business Loan Agreement or Investment Agreement with notarization. Call the return “service fee” or “consultancy fee” instead of interest to avoid lending license issues. Mention fixed repayment, timeline (24 months), and asset-backed guarantee. Avoid using Hundi or Friendly Loan formats for safety. For further legal assistance contact us on our helpline number. 
 

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