Matters needing attention in issuing IOUs and IOUs
1, the content should be perfect. An iou shall specify the amount and currency of the debt, or the quantity of the goods, the basic natural attributes such as name, quality, specification or model, the reason for breach of contract, the date of return, the legal consequences of overdue payment, and the exact names of the creditor and debtor. Finally, the debtor should sign or sign and write down the date of issuance. In addition to the above matters, the IOU shall also specify the loan term, interest (or rent) and penalty interest (or liquidated damages) for overdue payment. In addition to the above related matters, the receipt should also indicate the legal consequences, such as "at this point, the debts of both parties are settled" and "at this point, the agency contract between both parties is terminated".
2. The language should be accurate. Avoid using vague terms, such as "approximate", "estimate", "possible", "almost" and "possible". The meaning should be clear and definite. I met many people who wrote IOUs like this: "A borrows 10,000 yuan from B", which is literally confusing. Does A borrow money from B or does B borrow money from A? In fact, it is not difficult to write clearly. For example, you can write "A borrows 10,000 yuan from B" or "A borrows 10,000 yuan from B" without ambiguity.
It is better to have two receipts, one for each party. As a quick and convenient confirmation method, the receipt is usually handwritten, and the issuer is specific, that is, written and signed by the debtor, the borrower and the donee, but in reality, there are also creditors, lenders and donors who write and then sign by the debtor, the borrower and the donee. In this case, if the borrower, the borrower and the payee don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
4. The identity of the subject should be confirmed. If it is a company, check whether the company is cancelled, whether the company name is accurate (the company name is different from another company by one word, such as "Shandong Li Kun Network Technology Co., Ltd." and "Shandong Li Kun Network Technology Co., Ltd." are two different companies), whether the natural person is an adult (to judge whether he has full capacity for civil conduct), and whether the natural person's name is consistent with the ID card (special attention: homonyms will also leave trouble). In addition, the basic identity information of the subject should be left, such as the age, address, nationality, occupation and contact information of the natural person, the address of the company, the name, position and contact information of the legal representative, etc. It is best for both parties to keep copies of ID cards or business licenses for each other.
5. Numbers must be capitalized. You can only write the amount in words, preferably in uppercase and lowercase, so it is not easy to be modified. If you only write Arabic numerals 1234567890, it is easy to be added and modified. Then there are technical considerations: for example, "130,000 RMB" should be written as "130,000 RMB" instead of "130,000 RMB" to prevent it from being revised as "130,000 RMB".
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668
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.