Today, xx Company borrows RMB100,000 yuan from xxx, with a monthly interest of 1%, and plans to pay it off within six months. It is based on this evidence.
Borrower: xxx Company (official seal)
Legal representative: xxx (signature)
Date: 20xx year x month x day
The basic contents of IOUs include:
Creditor's name, loan amount (local and foreign currency), interest calculation, repayment time, liquidated damages (deferred repayment), dispute resolution method, debtor's name, loan date and other elements. As long as you have the creditor's name, loan amount, debtor's name and loan date (although it was added later), it meets the main requirements of the loan, so it has legal effect.
Once a dispute arises, it can be used as evidence to claim creditor's rights to the people's court, and the people's court will accept it.
Extended data:
Precautions:
First, write "IOU" instead of "IOU" when borrowing money.
Although the meaning of IOU and IOU seems similar, there are obvious differences in law. Borrowing is mainly due to the borrowing relationship, while the debt in the IOU may be due to the reasons of buying, selling, leasing, labor remuneration, etc., and its creditor-debtor relationship is based on other legal relationships.
If neither of them specifies a specific repayment time, once the debtor defaults, the statute of limitations for IOUs is as long as 20 years, while the statute of limitations for IOUs is only 2 years. Once this time limit is exceeded, you may not be able to collect the debt.
Second, the difference between "borrowing today" and "borrowing today"
Private loan contract is a kind of practical contract, that is to say, the loan contract can only be established if the loan is actually delivered. There is only one word "arrive" between "borrow today …" and "borrow today …" in the IOU, which gives the debtor an excuse to breach the contract.
If the IOU says "I borrowed RMB 6.5438+10,000 today", some debtors will make a fuss and argue in court that although I wrote the IOU, I just expressed my willingness to borrow money and didn't really receive the money. At this point, if the creditors can't come up with other evidence to refute, they will often suffer from "dumb losses."
Third, is "return" a "Huan" or a "sea"
Take "I still owe 20 thousand today" as an example. If it is "Huan", it means repayment of 20,000 yuan. If it is the sea, it means that the borrower still owes 20 thousand yuan. Without other evidence such as transfer records, it is difficult for even judges to judge what this means.
Baidu encyclopedia-IOUs
Qingdao Radio and Television Station-These three words appear on the IOU, which may make you suffer a big loss!