The performance of a loan contract shall have the following main clauses: 1. The subject matter of the loan. The object of the loan contract must be currency. The currency lent by financial institutions such as specialized banks to legal persons is embodied in credit certificates, and cash is generally not paid; Loans to self-employed individuals and farmers should be in RMB. Second, the types of loans. Use classification to determine what kind of loans belong to, such as capital construction loans, agricultural loans, corporate liquidity loans, etc. Different types of loans have different interest rates. Third, the loan amount. The loan amount is the target amount of the loan contract and the loan amount approved by the bank according to the borrower's application. If the borrower needs to increase the loan amount, he must go through the formalities for examination and approval of the application separately and sign a new loan contract. Fourth, the purpose of borrowing. The purpose of the loan must be clear, and should comply with the provisions of the loan plan documents approved by the state. Loans must be earmarked, and banks have the right to supervise the use of loans. Fifth, the loan period. The loan contract shall determine the date of loan issuance according to the nature and types of loans. When the loan expires, the borrower shall repay the principal and interest in full. The loan period in China is divided into short-term loans and long-term loans. The repayment period of all kinds of loans should be strictly fulfilled according to the actual situation of loan purposes and loan types. Sixth, the borrowing rate. The loan interest rate must be stipulated in the loan contract. Seventh, repayment. When the loan expires, the borrower shall pay off all the principal and interest. If it cannot be returned due to objective reasons, the borrower shall apply for an extension with the consent of the lender. However, if the borrower fails to repay the loan within the time limit after applying for extension without justifiable reasons, it shall be liable for breach of contract. Lenders have the right to know about the use, operation and management, financial activities and material inventory of loans. Recover from the borrower according to law, supervise the use of the loan, and have the right to take necessary measures to recover the loan and interest after the loan expires. Eighth, the liability for breach of contract. To stipulate the liability for breach of contract in the loan contract is a necessary guarantee for the borrower and the lender to perform their respective obligations in strict accordance with the contract, and it must be clearly stipulated. Ninth, guarantee conditions. The guarantee of loan contract mainly adopts the principle of material guarantee, and the borrower provides certain applicable and marketable materials, commodities or other assets as guarantee within the scope of production, operation or construction. When the borrower cannot provide material guarantee, the guarantor may also provide guarantee with the consent of the lender. Tenth, the way to solve disputes. When a contract dispute occurs between the parties to a loan contract, if both parties have an arbitration clause in the contract or reach a written arbitration agreement afterwards, they may apply to the Economic Contract Arbitration Committee of the administrative departments for industry and commerce at all levels for arbitration; If the parties fail to conclude an arbitration clause in the contract and fail to reach a written arbitration agreement afterwards, they may appeal to the people. Article 11. Other terms agreed by both parties. In private lending, we should pay attention to the preservation of evidence. Private lending mostly occurs between relatives and friends, and most of them are only verbally agreed without leaving written evidence. Once there is no evidence, the debtor will not admit the debt and the creditor's rights are not protected by law.

The core and necessary clauses of the international loan agreement are

The core and necessary clauses of international loan agreements are protective clauses. According to relevant information, the core and necessary clauses of international loan agreements are protective clauses, while other clauses include commercial clauses, loan management clauses and legal clauses.

What are the main terms of the loan contract? What are the main contents and terms of the loan contract?

1. What are the main terms of the loan contract? A loan contract is a contract in which the parties agree that one party will transfer the ownership of a certain currency type and quantity to the other party, and the other party will return the same currency within a certain period of time. Among them, the party providing the money is called the lender, and the party receiving the money is called the borrower. The main contents of the loan contract include: 1, the names and addresses of the borrower, the lender and the guarantor, and the name of the legal representative (whether the guarantor needs to be put forward by the borrower according to the borrower's situation, or whether it should be put forward by the borrower and the lender through consultation). 2. Loan type. 3. The purpose of the loan. According to the national policy, the loan shall not be used to make up losses, pay misappropriated taxes and profits, be used for administrative expenses and employee welfare, and be used for capital construction (except for CCB's capital construction loan). It can only be used to improve economic benefits and expand reproduction. 4. Loan currency. Whether the loan currency is RMB or other foreign currencies. 5. The amount of the loan. Refers to the approved amount, and loans exceeding the prescribed amount must be approved by the people's bank at a higher level. 6. Term of the loan. The loan term shall be agreed by both parties in the contract. Refers to the time when the borrower repays the loan, and the borrower shall perform it on schedule as required. Those who exceed the time limit shall bear civil liability. If the repayment time is not stipulated or clearly stipulated in the loan contract, it shall generally be determined through supplementary agreement or settled in accordance with trading habits. If a supplementary agreement cannot be reached or cannot be determined according to trading habits, the borrower can repay the loan at any time, and the lender can also ask the borrower to repay the loan within a reasonable period at any time. 7. Loan interest rate. The interest rate is strictly stipulated by the state, and both parties determine the loan interest rate between the upper and lower interest rates stipulated by the People's Bank of China. 8. repayment method. It means that the borrower repays the loan according to the repayment settlement method stipulated by the People's Bank of China. If the loan cannot be repaid on schedule, the borrower shall apply to the lender, and after approval, the loan can be postponed. If it fails to repay within the time limit, it shall bear civil liability. 9. Warranty terms. Refers to the borrower's commitment to the use direction and repayment period of the borrowed money. 10, liability for breach of contract. The borrower has the responsibility to use the borrowed money for projects other than borrowing purposes or overdue repayment. 1 1, other terms. Other matters that both parties think need to be agreed. Second, how to stipulate the guarantee clause of the loan contract. The guarantee clauses in the loan contract are as follows: 1. If the borrower takes it as collateral and cannot return it to the lender at maturity, the lender has the right to dispose of the collateral. If the borrower repays the loan in full when due, the lender shall return the collateral to the borrower. 2. The borrower must use the loan according to the purpose stipulated in the loan contract, and shall not use it for other purposes or engage in illegal activities. The borrower must repay the 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. 5. When a guarantor is needed, the guarantor has the right to recover from the lender after performing joint and several liabilities, and the lender has the obligation to repay the guarantor.

What are the provisions in the loan contract?

I. The loan contract is as follows

(1) type.

It mainly means that financial institutions, as lenders, implement different policies for different types of loans, and determine the loan types according to the borrower's ownership nature, industrial attributes, loan purposes, sources and uses of funds. For example, according to the loan term, it can be divided into long-term loans and short-term loans; Loans can be divided into industrial loans and agricultural loans.

(2) currency.

Mainly refers to whether the borrower is RMB or some foreign currency.

(3) use.

Mainly refers to the purpose of borrowing. According to China's current financial policy, the loans of financial institutions should be earmarked for special purposes, so as to recover the loans in time under the supervision of financial institutions.

(4) the amount.

Refers to the amount of loans. It should include the total loan amount and the amount of each loan when the loan is distributed in batches.

(5) interest rate.

Refers to the ratio of the amount of interest receivable by the lender to the amount of borrowed funds in a certain period of time.

(6) time limit.

Refers to the time when the borrower can use the loan as agreed in the contract. The parties generally agree on the loan term according to the borrower's production and operation cycle, repayment ability and the lender's capital supply ability. According to the "General Rules for Loans" issued by the People's Bank of China 1996, the longest term of self-operated loans is generally not more than ten years, and those that exceed ten years should be reported to the People's Bank of China for the record. The longest discount period of bills shall not exceed 6 months, from the discount date to the maturity date of bills. The time limit for borrowing between citizens shall be agreed by the parties themselves.

(7) repayment method.

Refers to the settlement method agreed by the lender and the borrower to repay the loan to the lender.

The contract contents listed above are only some terms with the characteristics of loan contracts. In addition to the above seven contents, the parties to the loan contract may also agree on other contents that need to be agreed.

Second, how to agree on the interest of the loan contract

(1) If the parties have an agreement on interest and interest rate, it shall be handled in accordance with the contract.

(2) If the parties to a private lending contract agree on the interest rate, the agreed interest rate may be appropriately higher than the bank loan interest rate, but it shall not be higher than the relevant state regulations on restricting the loan interest rate. According to the judicial interpretation, the interest rate of private lending shall not exceed 4 times the interest rate of similar loans of banks (including interest rates). If this limit is exceeded, the excess interest will not be protected.

(three) the parties to private lending shall not agree to calculate compound interest. According to the Supreme People's Court's judicial interpretation, lenders may not include interest in the principal to seek high profits. If it is found during the trial that the creditor has included the interest in the principal to calculate compound interest, and its interest rate is four times higher than that of similar bank loans, the excess interest will not be protected.