Fixed asset loan contract belongs to what type of loan

Which two types of loan contracts are divided

From the point of view of state management, loan contracts can be divided into two categories: private loan contracts and credit contracts.

(A) private loan contract

Private loan contract refers to the private citizens, the lender will belong to its legal income of monetary funds lent to the borrower, the borrower returns the borrowed monetary funds and interest on the maturity of the contract.

Private loan contract in the form of borrowing, there are written, there are oral, lending interest, there is no interest, low interest, there are also high interest lending. The state's management of private borrowing: first, the parties should follow the principle of voluntariness, equality, fairness and honesty and credit; second, shall not use the form of private loan contracts to illegally operate or disguised financial business, disturbing the financial order and harming the interests of the public.

(II) credit contract

Credit contract refers to the operation of the loan business of commercial banks, credit cooperatives will lend money funds to legal persons, other economic organizations or individuals, the loan expires when the borrower to return the borrowed funds and interest contracts. According to different criteria, different divisions can be made.

1. According to the source of loan funds, the loans of financial institutions can be divided into self-operated loans, entrusted loans and specific loans

Self-operated loans refer to the loans independently issued by the lender with funds raised in a legal way, the risks of which are borne by the lender and the principal and interest are recovered by the lender. Entrusted loan refers to the funds provided by the government departments, enterprises and institutions and individuals and other principals, the lender (i.e., the trustee) according to the principal to determine the object of the loan, the purpose, the amount, the period, the interest rate on behalf of the issuance of the loan, supervise the use of and assist in the recovery of the loan, the lender (the trustee) only charges a fee, does not bear the risk of the loan. Specific loans refer to the State Council's approval and take appropriate remedial measures for the possible losses caused by the loan, and oblige wholly state-owned commercial banks to issue the loan.

2. according to the type of currency can be divided into yuan loan contract and foreign currency loan contract

RMB loan contract, according to the content of the contract, the source of funds and the purpose of the loan can be divided into: fixed assets loan contract, working capital loan contract, trust fund loan contract, entrusted funds loan contract.

Foreign currency loan contracts, according to the contract, the source of funds and loan purposes can be divided into: cash loan contracts, buyer's credit contracts and special foreign exchange loan contracts.

3. According to the purpose of borrowing can be divided into fixed assets loan contract and working capital loan contract

by the specific loan project: fixed assets loan contract can be divided into the capital construction loan contract, technical transformation loan contract, special funds loan contract, etc.; liquidity loan contract can be divided into the working capital loan contract, the seller's loan contract, special funds loan contract, Land development loan contract.

4. According to the loan contract with or without security, can be divided into credit loan contracts and secured loan contracts

Credit loans refers to the absence of security, based on the borrower's creditworthiness of the loans issued.

Guaranteed loans are loans that are guaranteed, including guaranteed loans, mortgages, and pledges. Guaranteed loan means a loan granted by a third party who undertakes to assume general liability or joint and several liability as agreed upon in the event that the borrower fails to repay the loan in accordance with the guarantee provided for in the Civil Code. A mortgage loan is a loan granted with the borrower's or a third party's property as collateral in the manner prescribed by the Civil Code. A pledged loan is a loan granted with movable property or rights of the borrower or a third person as a pledge in the manner prescribed by the Civil Code.

If you have questions about the above, please contact

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Citing Laws

[ 1 ] Article 668 of the People's Republic of China*** and the National Code

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