1, the title must be written with the word "IOU", and it cannot be mistakenly written as "IOU" by others on purpose. Pay special attention: although the money is in the hands of others, the legal result is completely different;
2. Be sure to write down "I borrowed * * * cash * * yuan today, and indicate the words * * * with numbers. Special attention: verify whether the figures are consistent. If the figures are inconsistent, amount in words shall prevail in judicial practice;
3. Be sure to write the correct lender's name and ID number, and at the same time, be sure to indicate the borrower's name and ID number to avoid problems such as verifying whether the borrower's identity is duplicate in case of dispute;
4. If you are not sure when to ask the borrower to return it, it is recommended that the lender not write the date of return, so as to ensure the 20-year limitation and not be unable to recover the limitation because of temporary forgetting. Anyone who knows the law knows that there is not much difference between the date when the book is returned and the date when it is not returned.
If you need interest, you must make it clear. According to the law, if the interest is not clearly agreed, if the interest is required to be paid when returning, it will not be supported;
6. It is best to copy the front and back of the borrower's ID card on A4 paper, put it on the lower right of the paper, and then write the debit card on the top. Also note: after signing, it is best to ask the borrower to fingerprint with his right thumb.
Company-to-individual loan agreement (template)
Borrower: (hereinafter referred to as Party A)
Legal representative:
Lender: (hereinafter referred to as Party B)
ID number:
Party A is a limited liability company with a registered capital of * * * million yuan, and Party B has idle funds because it needs funds temporarily to implement production and operation projects. Therefore, Party A and Party B, in order to clarify their responsibilities and abide by their credit, signed this loan contract through full consultation on the basis of equality and voluntariness, and promised to abide by it together.
1. Loan amount: RMB one hundred thousand Yuan only.
2. Loan term: from year to year, with a loan term of years. After the loan expires, if both parties have no objection, this loan contract will be automatically extended for another year.
3. Loan interest rate and collection method:
(1) The loan interest is annual interest, which is calculated from the date when Party A receives the loan.
(2) One-time repayment of principal and interest at maturity.
4. Purpose of the loan: This loan is limited to Party A's production and operation projects, and must be used for special purposes. Without the consent of Party B, Party A shall not use it for other purposes.
5. Loan repayment:
(1) If Party A fails to repay the loan on schedule, it shall apply to Party B for extension fifteen days before the loan expires at the latest, and then Party B may decide whether to extend the loan on the basis of negotiation between both parties.
(2) If Party B needs to recover the loan temporarily, it shall apply to Party A for repayment fifteen days in advance, and the loan interest shall be calculated according to the actual loan days.
6. Default and default processing:
(1) Party A breaches the contract in the following cases:
Party A fails to use the funds and repay the principal and interest according to the contract plan.
Change the purpose of the loan or use it for other purposes without Party B's consent.
Party A violates other terms of this contract.
(2) According to the breach of contract, Party B has the right to take the following measures:
The maximum penalty interest shall not exceed the default part of the loan;
Take necessary legal measures until the outstanding loan principal and interest and expenses are claimed according to law.
7. Entry into force of the contract: This contract shall come into force after being signed (sealed) by both parties. This contract is made in duplicate, one for each party. If there are other matters not covered in this contract, both parties shall further negotiate supplementary terms.
Borrower (Party A): (Seal)
Lender (Party B):
Signature of Party A's representative:
Signature of Party B:
Date of signing:
Legal basis: Article 668 of the Civil Code of People's Republic of China (PRC).
A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669
When concluding a loan contract, the borrower shall provide true information on the business activities and financial status related to the loan as required by the lender.
Article 670
The loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
Article 67 1
If the lender fails to provide the loan according to the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.