1. The financing intermediation contract has legal effect:
(1) The financing intermediation contract is legally effective as long as it does not violate the mandatory provisions of the law and both parties express their true intentions.
(2) Financing intermediation contract is essentially an intermediation behavior, but it involves private lending and financing services, and the state has many regulations on this, which is prone to problems and disputes.
Second, the mode of financing intermediary contract:
Whereas:
1. Party A lacks funds to complete the construction project, and has learned that Party B can provide relevant financing information and assist Party A to complete the financing, and now entrusts Party B to find and introduce the funders; Party A has also informed Party B of the above wishes.
2. Party A and Party B confirm that Party A agrees to entrust Party B to find and introduce investors, and Party B agrees to accept the entrustment, and the two parties sign a formal contract and strictly perform it to achieve the purpose of both parties.
Based on the principles of voluntariness, equality, mutual benefit, honesty and credibility, both parties have reached the following contract terms through full friendly negotiation for common compliance.
Article 1 Entrusting matters
1. The construction project planned by Party A is located at. Road, Hengshui City, Hebei Province. Party A entrusts Party B to find or introduce investors for all or part of the funds needed to complete the construction of this project, and Party B accepts the entrustment of Party A. ..
2. Party B shall try its best to find or introduce investors for Party A, and try its best to make investors sign financing contracts with Party A through legal means such as borrowing, sponsorship and investment. The amount that Party A entrusts Party B to assist in financing is
Renminbi, in words.
Article 2 Rights and obligations of intermediary institutions
1. When Party B accepts the entrustment of Party A, Party A shall show the business license and other legal business qualification certificates.
2. During the performance of this contract, Party B may indicate to the third party that it is the middleman of Party A, and may introduce the relevant information of Party A's financing projects to the third party.
3. Party B shall earnestly complete the matters entrusted by Party A, that is, actively seek opportunities for Party A and provide services such as liaison, assistance and matchmaking for Party A to sign contracts or agreements with related parties according to the contents stipulated in Article 1 of this contract.
4. When Party B causes losses due to Party A's fault in the process of entrusting Party A, it has the right to ask Party A to bear the liability for compensation.
5. Party B shall not undertake any guarantee responsibility for Party A's loan. ..
Article 3 Intermediary remuneration and expenses
1. If Party B facilitates a third party with investment intention to sign a financing contract with Party A, Party A shall pay Party B RMB10,000.00 as a reward, and the related taxes and fees of the reward shall be borne by Party A, and the intermediary fee shall be borne by Party B. The payment method of the reward is: cash (telegraphic transfer) by installments.
By mutual agreement, the remuneration will be paid in four installments:
Phase I: Party A shall pay Party B (25% of the total amount) RMB 500,000 Yuan only within 65,438+05 days from the date of signing this contract. That is, RMB 500,000 Yuan only.
Phase II: Party A shall pay Party B RMB 500,000 (25% of the total amount) within three months after the sales start according to Party A's construction progress or construction start (whichever comes first). That is, RMB 500,000 Yuan only.
Phase III: According to the construction progress of Party A's project, if there are more than eight floors or more than 65% of the floors have been sold (whichever comes first), Party A shall pay Party B (25% of the total amount) RMB 500,000 only. That is, RMB 500,000 Yuan only.
Phase IV: According to the construction progress of Party A, the building has been capped or sold out (whichever comes first), and Party A shall pay Party B (25% of the total house price) RMB 500,000 only. That is, RMB 500,000 Yuan only.
Party B shall not ask Party A for any remuneration other than the remuneration specified in this article.
2. If Party B fails to facilitate a third party to sign a capital contribution contract with Party A, Party B has no right to ask Party A to pay remuneration, but may ask Party A to pay the necessary expenses for its intermediary activities. The so-called necessary expenses refer to:
3. If Party A fails to pay the remuneration on time, Party B has the right to require Party A to pay the overdue fine at the rate of 0.5 ‰ per day. Both parties agree to undertake the guarantee responsibility for all remuneration payable by Party A. ..
Article 4 Termination of the Contract
In any of the following circumstances, Party A or Party B may notify the other party in writing to terminate this contract:
1. Party A and Party B terminate this contract through a written agreement;
2. The purpose of the contract cannot be achieved due to force majeure;
3. Due to the adjustment of national policies and regulations, the performance of this contract may be illegal;
4. Before the expiration of the entrustment period, one party clearly indicated or indicated by its own behavior that it would not perform the main obligations of the contract;
5. One party delays the performance of the main obligations of the contract and fails to perform within a reasonable period after being urged;
6, the parties have other breach of contract or illegal behavior, so that the purpose of the contract can not be achieved;
Article 5 Liability for breach of contract
If either party of this contract violates the agreement of this contract and causes losses to the other party, it shall compensate the other party for the losses thus suffered and pay _ _ _% of the total agency fee in this contract as liquidated damages.
Article 6 representations and warranties
Party A:
1. Party A is a legally established and existing enterprise, and has the right to sign and have the ability to perform this contract.
2. All procedures (_ _ _ _ _ _) required for Party A to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party A's performance of this contract.
4. The internal authorization procedures required for Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After this contract comes into effect, it is legally binding on both parties.
Party B:
1. Party B has full capacity for civil conduct, the right to sign this contract and the ability to perform this contract.
2. All procedures (_ _ _ _ _ _) required for Party B to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party B's performance of this contract.
4. The internal authorization procedures required for Party B to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party B. After this contract comes into effect, it is legally binding on both parties.
Article 7 confidentiality
Party A and Party B promise to keep confidential the documents and materials (including business secrets, company plans, business activities, financial information, technical information, business information and other business secrets) belonging to the other party during the discussion, signing and implementation of this Agreement. Without the consent of the original provider of materials and documents, the other party shall not disclose all or part of the contents of the trade secret to any third party. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is _ _ _ _ years.
Article 8 Notice
1. All notices issued by one party to the other party, documents exchanged by both parties, notices and requirements related to this contract, etc. according to the requirements of this contract. It must be in writing and can be delivered by _ _ (letter, fax, telegram, face-to-face delivery, etc.). ). If the above methods cannot be delivered, you can take the form of announcement.
2. If one party changes its mailing address, it shall notify the other party in writing within _ _ _ days from the date of change; Otherwise, the uninformed party shall bear the relevant responsibilities arising therefrom.
Article 9 Modification of the Contract
During the performance of this contract, if either party needs to change this contract under special circumstances, the changing party shall promptly notify the other party in writing, and after obtaining the consent of the other party, both parties shall sign a written change agreement within the specified time limit (within _ _ _ _ days after the written notice is issued), which will become an integral part of this contract. Without a written document signed by both parties, neither party has the right to change this contract, otherwise, the economic losses caused to the other party shall be borne by the responsible party.
Article 10 Assignment of contractual rights and obligations
Unless otherwise stipulated in this contract or agreed by both parties through consultation, any rights and obligations of both parties stipulated in this contract shall not be transferred to a third party without the written consent of the other party. Without the express written consent of the other party, any transfer is invalid.
Article 11 Handling of disputes
1. This contract shall be governed by and construed in accordance with the laws of People's Republic of China (PRC).
2. Disputes arising from the performance of this contract shall be settled by both parties through consultation, or mediated by relevant departments; If negotiation or mediation fails, a lawsuit shall be brought to the people's court of the place where the contract is signed according to law.
Article 12 Force Majeure
Force majeure as mentioned in this contract refers to any event beyond the reasonable control, unpredictability or inevitability of the affected party, which cannot be overcome even if it can be predicted. This event occurs after the signing date of this contract, making it objectively impossible or unrealistic for the affected party to fully or partially perform this contract. These events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons and earthquakes, as well as social events such as wars (whether war is declared or not), riots, strikes, government actions or legal provisions.
Article 13 Interpretation of Contract
The understanding and interpretation of this contract should be based on the purpose of the contract and the original intention of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 14 Supplement and Annex
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, Party A and Party B may reach a written supplementary contract. The annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 15 the validity of the contract
This contract shall come into effect as of the date when both parties or their legal representatives or their authorized representatives sign and affix their official seals or special seals for the contract.
The validity period is _ _ _ _ _ _ _ years, from _ _ _ _ _ _ to _ _ _ _ _ _ _.
The original of this contract is on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ or
Authorized Agent (signature): _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ or
Authorized Agent (signature): _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
To sum up, our answer to the question of whether the financing intermediation contract is legally effective is that it is legally effective as long as it does not violate the relevant provisions and conforms to the true intention of the parties. In addition, we can refer to the model contract it provides you. If you still have questions, you can consult a lawyer in Shijiazhuang for more help.