Although there are a lot of inter-company loan funds in reality, their legitimacy has not been recognized. In this regard, the Supreme People's Court in the "Reply on how to deal with the overdue repayment of borrowers" believes that "the enterprise loan contract violates relevant financial laws and regulations and is an invalid contract, and the interest shall be confiscated except the principal can be returned".
However, lending between companies and individuals is allowed. In the Reply on How to Confirm the Effectiveness of Lending between Citizens and Enterprises, the Supreme People's Court confirmed that "Lending between citizens and non-financial enterprises (hereinafter referred to as enterprises) belongs to private lending.
As long as the meaning of both parties is true, it can be considered as valid. Therefore, this paper focuses on how to sign a loan contract when borrowing between companies and individuals.
Extended data:
However, to borrow money between companies and individuals, we should not only be satisfied with a debit note, but also pay attention to more terms and avoid risks.
1. Interest?
First of all, if you want to charge interest on the loan, you should specify the interest rate standard in the contract. The interest rate standard shall not exceed 4 times the interest rate of similar loans of banks, and shall not be protected by some courts.
Secondly, interest cannot be incorporated into the principal to calculate compound interest, nor can it be deducted from the principal in advance when borrowing.
If there is no interest rate standard in the contract, the lender and the borrower will generally bear interest according to the bank's similar loan interest rate. (However, if it is not clear whether interest is charged on the loan between individuals, it shall be treated as interest-free loan. )
Second, payment and delivery?
Loans generally take the form of direct cash payment or bank payment, which needs to be specified in the contract. It is suggested to save the payment voucher in the form of bank payment.
Small loans (less than100000 yuan) can be delivered directly in cash, but the borrower should be required to issue a receipt, or the contract should indicate that the receipt has been confirmed through signing, and no receipt is issued.
In some loan cases, although the lender provided a loan contract, the borrower denied receiving the loan, and both parties did not issue a receipt at the time of delivery, which would lead to the risk that the loan could not be recovered.
Similarly, in other loan cases, the lender provided the remittance voucher, but did not sign the loan contract, so the borrower claimed that the money was a gift rather than a loan, and the lender could not provide other evidence to prove that it was a loan, and finally failed to recover the loan smoothly.
References:
Baidu Encyclopedia-Reply on how to deal with overdue borrowers of enterprise loan contracts