Of course, in the contract, the creditor may request the people's court to subrogate the debtor's rights against the counterpart in its own name, unless the rights belong exclusively to the debtor himself. Here I would like to share with you some stipulations in the company loan contract, hoping to help you.
Article 1 of the enterprise loan contract: Party A: _ _ _ _ _ _ _ _ male, ID number _ _ _ _ _ _ _ _ _ _.
Party B: _ _ _ _ _ _ Co., Ltd.
Party C: _ _ _ _ _ _ _ _ _ _, male, ID number _ _ _ _ _ _ _ _ _.
Party A, Party B and Party C have reached the following agreement through voluntary and full consultation:
Party A provides Party B with a loan of RMB _ _ _ _ _ _ _ _ _ _ _ _.
Second, interest
The interest of the above loan is calculated at the interest rate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Third, the loan term.
The term of the above money borrowed by Party B is _ _ _ _ _ _ _ _ _ _ years.
Fourth, the liability for breach of contract
(I) Party A's liability for breach of contract
1. If Party A fails to provide the loan as agreed in this agreement, it shall pay Party B the total loan agreed above.
% as liquidated damages;
2. Where Party A withdraws the loan in advance without reason, except for force majeure and other major events that seriously affect the loan, it shall pay liquidated damages to Party B according to the proportion of the remaining loan time to the total loan time multiplied by the amount agreed in the preceding paragraph.
(II) Party B's liability for breach of contract
1. If Party B fails to pay the interest for _ _ _ _ _ _ _ _ as agreed, Party B shall pay liquidated damages to Party A at the rate of% of the interest receivable for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If Party B fails to pay the current interest for more than 30 days, Party A has the right to claim the loan and the generated interest in advance, and claim the liquidated damages from Party B according to the calculation standard agreed in Item 2 of Paragraph 1 of Article 4.
2. If Party B fails to repay the loan principal due, it shall pay a penalty of% of the unpaid part for each day overdue.
Verb (short for verb) guarantee
(1) Party B mortgages a machine to Party A as a guarantee for the above loan. If Party B breaches the contract, Party A has the right to demand auction, sale or other pricing methods, and Party A has the priority to be compensated.
(2) Party C provides guarantee for the above loan behavior of Party B.. If Party B breaches the contract, Party C shall bear the joint and several liability for guarantee.
Matters not covered in this agreement shall be settled by the three parties through consultation. If negotiation fails, a lawsuit can be brought to the People's Court of Fengxian District, Shanghai.
7. This agreement is made in triplicate, one for each party, with the same legal effect, and shall come into effect as of the date of signature by the three parties.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party C: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 of the Enterprise Loan Contract Agreement: (hereinafter referred to as Party A)
Guarantor: (hereinafter referred to as Party B)
The borrower applies to the lender for a loan for production, and the guarantor provides guarantee for this loan. The three parties have reached an agreement through consultation and signed this contract for their compliance.
Article 1 Types of loans
_____。
Article 2 Purpose of loan
_____。
Article 3 the loan amount
_ _ _ _ _ RMB (in words) _ _ Yuan only.
Article 4 Loan interest rate
The loan interest is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 5 Term of loan and repayment method
1. The loan term is * * years and 0 months, counting from _ _ _ _ _ _ _ _ _ _.
The loan installment is as follows: loan term, repayment time and loan amount.
_ _ _ _ _ _ _ Yuan before the end of the first phase;
_ _ _ _ _ _ _ Yuan before the end of the second phase;
The third phase is _ _ _ _ _ _ _ _ yuan before the end of the year.
2. The repayment period is as follows:
The repayment period, repayment time, repayment amount and interest rate at the time of repayment.
_ _ _ _ _ _ _ Yuan before the end of the first phase;
_ _ _ _ _ _ _ Yuan before the end of the second phase;
The third phase is _ _ _ _ _ _ _ _ yuan before the end of the year.
Article 6 Sources of repayment funds and repayment methods
1. Source of repayment funds.
2. repayment method.
Article 7 Warranty clause
1. The borrower uses his own assets as collateral. If the borrower repays the loan in full when it is due, the mortgage right will be extinguished.
2. The borrower shall use the loan for the purposes stipulated in the loan contract and shall not use it for other purposes.
3. The borrower shall repay the loan principal and interest within the time limit stipulated in the contract.
4. The borrower has the obligation to accept the lender's inspection, supervise the use of the loan, and understand the borrower's plan implementation, business management, financial activities, material inventory, etc. The borrower shall provide relevant plans, statistics, financial and accounting statements and materials.
Article 8 Liability for breach of contract.
First, the borrower's liability for breach of contract
If the borrower fails to use the loan according to the purpose stipulated in the contract, the lender has the right to recover part or all of the loan, and charge default interest at the interest rate stipulated by the bank for the part used in violation of the contract.
If the borrower fails to repay the loan within the time limit, the lender has the right to recover the loan and collect the penalty interest according to the regulations of the bank. If the borrower repays the loan in advance, the interest will be reduced according to the regulations.
Second, the lender's liability for breach of contract
If the lender fails to provide the loan on time, it shall pay the borrower liquidated damages according to the amount of default and the number of days of extension. The calculation of the amount of liquidated damages shall be the same as that of the borrower's penalty interest.
Article 9 Ways to resolve contract disputes: Any dispute arising during the execution of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree to arbitration by Beijing Arbitration Commission.
Article 10 Others
This Contract is made in triplicate, with the Lender, the Borrower and the Guarantor holding one copy respectively.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agreement of Party A (Lender) in Article 3 of the Enterprise Loan Contract:
ID number:
Party B (Borrower):
Legal person name:
ID number:
Based on the principles of equality, voluntariness, honesty and credibility, Party A and Party B reach this contract through consultation and guarantee to abide by it together.
1. Loan amount: the borrower borrows RMB100,000 yuan from the lender. Two. The purpose of the loan is: capital turnover.
3. Loan interest: The loan interest rate is 8% per annum.
Four. Loan term: the loan term is 60 days, from September 5, 2000 to October 4, 2000/kloc-0. If the actual loan date does not match the date, the actual loan date shall prevail. Party B shall issue an iou after receiving the loan. V. Warranty clauses:
1. The borrower must use the loan for the purposes specified in the loan contract and shall not use the loan for illegal activities.
2. The borrower must repay the principal and interest within the time limit stipulated in this contract, that is, RMB one hundred and one thousand three hundred and thirty-three Yuan only; For the overdue part, the borrower has the right to recover the loan. Liability for breach of contract of intransitive verbs
1. If Party B fails to repay the loan according to the provisions of this contract, Party B shall bear the liquidated damages, attorney fees, legal fees, travel expenses, evaluation fees, auction fees and other expenses arising from litigation. Party A has the right to apply to the people's court with jurisdiction to recover from Party B until Party B pays off all the principal and interest of Party A's loan. ..
2. If Party B fails to pay off the loan within the time limit stipulated in this contract, Party A has the right to recover the loan at any time and require Party B to bear the penalty of 10% of the total loan. Seven. Ways to solve contract disputes
Disputes arising from the performance of this contract shall be settled by both parties through friendly negotiation or mediated by a third party. If negotiation or mediation fails, either party may bring a lawsuit to the people's court according to law.
Eight. This contract shall come into effect as of the date of signature by both parties. This contract is made in duplicate, each party holds one copy, and the contract text has the same legal effect.
Party A (signature and seal):
Party B (signature and seal):
Date of signature: year month day.
Date of signature: year month day.
Article 4 Lender of Enterprise Loan Contract: Sichuan Real Estate Development Co., Ltd. (hereinafter referred to as Party A)
Legal Representative: Zhou Moumou
Address: Building 8, X Road 18, X District, X City 17.
Tel: 0000000
Trustee (intermediary): _ _ Investment Information Consulting Co., Ltd. (hereinafter referred to as Party B)
Legal Representative: Wang Moumou
Address:No. _ _ Road 19, X Town, Dazhu County
Tel: 08 18- 123456
Because Party A needs funds to operate real estate projects, it entrusts Party B with financing loans. In order to clarify the rights and obligations of both parties, according to the Contract Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC) and other laws and regulations, the following financing entrustment contract terms are reached:
Article 1 Entrusting matters:
Party A entrusts Party B to finance the target project, and the entrusted items include:
1. Investigate and evaluate financing projects;
2. Online promotion and offline promotion of financing projects;
3. Find private funds or small loan companies, negotiate with them and assist in signing contracts.
Article 2: Party A's requirements and commitments for project financing:
1. Financing amount: 22.5 million yuan (in words: 22.5 million yuan only).
2. Financing term: the loan term is 12 months, from 20__ year1.3 to 20__ year 1.2,
3. Financing method: private lending or other means;
4. Financing interest: within 1.5% per month;
Article 3: Other agreements of Party A.
1. Party A has the right to inquire and supervise Party B's work progress on the target project;
2. Party A shall truthfully inform Party B of the financing project, and shall not conceal or falsely report it;
3. Party A shall give a written reply to the questions and requirements raised by Party B in the financing process within 7 days;
4. Party A shall cooperate with the negotiation between Party B and the lender, and shall not delay or refuse without reason;
5. Party A shall pay corresponding service remuneration to Party B according to the contract requirements.
Article 4: Other agreements of Party B.
1. Party B has the right to communicate and negotiate with the Lender independently within the scope required by Party A;
2. Party B has the right to collect service remuneration according to the contract between both parties;
3. Party B shall not exceed the requirements of Party A.. If the lender puts forward something that is contrary to Party A's requirements during the financing process, Party B can't make a claim without consulting Party A, and then make a corresponding reply to the lender after Party A's official reply (fax or official text);
4. Main work of Party B:
(1) Set up a special project financing team and assign the project leader to be responsible for the financing of the whole project;
(2) Conduct on-the-spot investigation and careful investigation on the project party;
(3) According to careful investigation, formulate the financing strategy and financing implementation schedule of the project;
(4) If it is necessary to make a business plan for the project, Party B shall provide assistance, and the related expenses shall be discussed separately;
(5) Promote financing projects online and offline, and carefully select appropriate lenders;
(6) Conduct preliminary communication and answer questions with the lender;
(7) Assist Party A to negotiate with the Lender;
(8) Assist Party A to arrange and sign the contract according to the actual situation.
(10) Follow up after the financing is completed and establish a good friendship with the lender;
(1 1) If the agreed loan term expires and it is really necessary to extend it, Party A shall assist Party A to negotiate the extension with the lender and urge the signing of the extension contract.
Article 5: Term of Service
From the date of signing the financing service contract by both parties to the date of repayment of financing funds.
Article 6 Standards and payment methods of service remuneration
1. Party A shall pay Party B the service remuneration according to the financing amount and the service period of the funds;
2. The service remuneration standard is: financing amount ×% × the number of months for using the agreed funds;
3. The service remuneration that Party A should pay to Party B shall be paid to Party B on the day when Party A signs a loan contract with the lender to obtain financing funds;
4. Where Party A extends the term of use of funds, it shall pay Party B the service remuneration for the extended term in one lump sum according to the above standards on the date when the lender agrees to extend the term.
Article 7: Other agreements of both parties.
1. If it is necessary to notarize the loan contract, mortgage contract, etc. Where Party A signs with the Lender and mortgage registration is required, the notarization fee, mortgage registration fee, appraisal fee and insurance fee shall be borne by Party A itself;
2. The lender sought by Party B shall confirm Party B's work results in writing on the date of signing the loan-related contract with Party A;
Article 8: Liability for breach of contract
If Party A fails to pay the service remuneration as agreed in this contract, Party A shall pay a penalty of 5% of the unpaid amount for each day overdue from the date of payment.
Article 9: Methods of dispute settlement
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit may be brought to the People's Court of Dazhu County.
Article 10: The service achievement confirmation issued by Party A to Party B is an integral part of this contract and has the same legal effect as this contract.
Article 11: This contract is made in duplicate and shall come into effect as of the date when both parties affix their official seals and the legal representative or authorized representative signs it.
Article 12: Special tips
Party B has drawn Party A's attention to a comprehensive and accurate understanding of the terms of this contract, and made corresponding explanations at the request of Party A.. Both parties to the contract have the same understanding of the meaning of this contract.
Party A (signature): _ _ Party B (signature): _ _
Legal representative: _ _ Legal representative: _ _
_ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _
Signing place: _ _
Agreement of Party A (Lender) in Article 5 of the Enterprise Loan Contract:
ID number:
Party B (Borrower):
ID number:
Party C (guarantor):
I. Purpose of the loan
Party B urgently needs to borrow money from Party A for business activities.
Second, the loan amount
Party B borrows RMB 10000 from Party A ... loan account number:
Third, loan interest.
Interest is calculated at the rate of% per month from the date of borrowing.
Fourth, the loan term.
Starting from _ _ _ _ _ _ _ _
Verb (abbreviation of verb) interest payment method
Interest shall be paid monthly for _ _ days.
Rights and obligations of intransitive verbs
Party A has the right to supervise the use of the loan and understand Party B's solvency. Party B shall truthfully provide relevant information.
Seven. warranty clause
(1) Party C agrees to be the guarantor of this loan contract, and shall be jointly and severally liable for the loan principal and interest of Party A and Party B. The guarantor shall also provide Party A with a true copy of the relevant real estate license, business license, ID card and other materials, otherwise it is willing to bear all legal responsibilities.
(2) Party C has the right to recover from Party B after fulfilling the repayment obligation.
Eight. Ways to solve contract disputes
Disputes arising from the performance of this contract shall be settled by both parties through friendly negotiation or mediated by a third party. If negotiation or mediation fails, a lawsuit may be brought to the urban people's court.
Nine. If there is no agreement in this contract, it shall be implemented in accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC). This contract is made in quintuplicate, each party holds 65,438+0 copies, which shall come into effect as of the date of signature by all parties and have the same legal effect.
Party A (signature handprint): _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature handprint): _ _ _ _ _ _ _ _ _ _ _
Party C (seal): _ _ _ _ _ _ _ _ _ _ _ _
Witness (signature): _ _ _ _ _ _ _ _ _ _ _ _
Date of contract signing:
_ _ _ _ _ _ _ _ _ _ _ _ _