Legal analysis: There are two basic forms of loan contract. One is to sign a contract for every loan. This kind of contract is suitable for businesses with less entrusted loan business, one-off or different requirements for each loan;
Another form is to sign a general entrusted loan contract. When handling various businesses, it shall be handled in accordance with the "entrusted loan notice" stipulated in the general contract. This form is applicable to ministries, departments in charge of enterprises, large companies, etc. , which is to deal with more entrusted loan projects, but the loan interest rate and hand
Legal basis: Civil Code of People's Republic of China (PRC).
Article 919 An entrustment contract is a contract between the principal and the agent.
Article 920 The principal may entrust the agent to handle one or more specific affairs, or may entrust the agent to handle all general affairs.
Second, the entrusted loan contract
Entrusted loan contract (1)
ContractNo.: _ _ _ _ _ _ _ _ _
Name of the customer (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account opening financial institution: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of the trustee (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account opening financial institution: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signing this contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
The place of signing this contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to effectively use its own funds, Party A entrusts Party B to issue entrusted loans to _ _ _ _ _ _ (hereinafter referred to as the borrower), and Party B entrusts loans, and Party B agrees to accept the entrustment of Party A. Party A and Party B sign this contract through consultation in accordance with relevant national laws and regulations.
Article 1 Party A entrusts Party B to issue and recover its own funds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (in words) to the borrower according to the entrusted loan procedures.
Article 2 When Party A entrusts Party B with a loan, it shall open a special account for entrusted loan funds in Party B's business department. And deposited in its own _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 The object, project, amount, type, use, term, interest rate, withdrawal and repayment plan of entrusted loan shall be determined by Party A in the Letter of Entrusted Loan according to the specific conditions within the scope permitted by relevant national laws and policies.
Article 4 After this contract comes into effect, Party A shall submit the Letter of Entrusted Loan to Party B when issuing entrusted loans to the borrower. After receiving the Letter of Entrusted Loan and the attached materials submitted by Party A, Party B shall issue the entrusted loan according to the requirements of the Letter of Entrusted Loan, which is consistent with the terms agreed in this contract after examination.
Article 5 Before issuing entrusted loans to the borrower, Party B shall sign the Entrusted Loan Contract with the borrower and send _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 6 If the loan expires and the borrower fails to repay the loan principal and interest, Party A shall not withdraw the entrusted loan funds, and Party B shall not be responsible for the loan losses.
Article 7 For the entrusted loan under this contract, Party A may require the borrower to provide guarantee as required. The method of guarantee, guarantor and mortgaged property shall be approved by Party A and specified in the Letter of Entrusted Loan.
Article 8 If the borrower fails to use and repay the loan principal and interest as agreed in the Entrusted Loan Contract, Party B may impose necessary sanctions on the borrower according to the relevant regulations of the bank.
Article 9 Interest and handling fees. Party B shall pay the interest on the balance of Party A's "special account for entrusted loan funds" on a monthly basis, with the interest rate of%, and pay it once every _ _ _ month. The entrusted loan interest shall be collected from the borrower by Party B and settled on _ _ _ _. Party B shall transfer the loan interest to Party A's account within the interest collection date. In case of national interest rate adjustment or interest rate adjustment requested by Party A, Party A shall request Party B to submit the Notice of Interest Rate Adjustment of Entrusted Loan, and Party B shall go through the interest rate adjustment procedures according to the notice.
When Party B issues the entrusted loan, it will charge _ _ _ _ _ _ _ _ _% of the loan balance. The payment method of handling fee is as follows: _ _ _ _ _
Article 10 After each loan recovery, Party B shall transfer the loan in full to Party A's account within working days.
Article 11 The early recovery and deferred return of entrusted loans can only be handled after Party A's written notice. ..
Article 12 After the entrusted loan is recovered, Party A may withdraw the entrusted loan funds or designate new entrusted loan projects.
Article 13 After this contract comes into effect, neither Party A nor Party B may change or dissolve it without authorization. When it is necessary to change the terms of this contract or terminate this contract, both parties shall reach a written agreement through consultation.
Article 14 Liability for breach of contract
1. Party A fails to entrust the loan to the special account for entrusted loan funds as agreed in Article 2 of the Contract, or issues entrusted loans exceeding the total deposit in the special account for entrusted loan funds; Or violates the provisions of Article 3 and Article 4 and fails to submit relevant materials to Party B; If Party A and Party B fail to reach an agreement on changing the above terms, Party B may refuse to issue the entrusted loan. And may require Party A to pay _ _ _ _ _ _ _ _ _ _ dollars.
Two. If Party B fails to issue the entrusted loan according to the loan object and loan item specified in this Contract and the Letter of Entrusted Loan, Party A may require Party B to pay RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. In violation of Article 11 of this contract, Party B agrees to postpone or repay the loan in advance without authorization. Party A shall also pay Party A a penalty of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, and Party A may also require Party B to recover the deferred entrusted loan within a time limit.
Four. The payment method of liquidated damages listed in this article is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 15 Other matters agreed by both parties: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 16 Ways to settle disputes
Disputes arising from the performance of this contract shall be settled by both parties through consultation or mediation. If negotiation or mediation fails, the parties may apply to the people's court in the place where the contract is signed or the contract arbitration institution in the place where the contract is signed for arbitration.
Article 17 Matters not covered in this contract shall be implemented in accordance with relevant national laws, regulations and financial systems.
Article 18 This contract shall come into effect as of the date when the legal representatives of Party A and Party B or the agents authorized by the legal representatives sign and affix the official seal of the unit, and the loan funds entrusted by Party A will automatically become invalid after they are fully withdrawn.
Article 19 The Letter of Entrusted Loan and other materials required by Party B from Party A are an integral part of this contract.
Article 20 The original of this contract is in duplicate, with each party holding one copy.
Party A: (official seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (or its entrusted agent): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (official seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (or its entrusted agent): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Entrusted loan contract (II)
Party A (principal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Habitual residence:.
Party B (trustee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to Party A's business needs and loan application, Party A entrusts Party B to handle the loan business on its behalf. In order to clarify their respective rights and obligations, this contract is hereby concluded through consultation between both parties in accordance with relevant national laws and regulations, and the relevant agreements shall be implemented in accordance with relevant national laws and regulations for both parties to abide by.
Article 1 Principal-agent matters
1. According to the business needs, the total financing demand of Party A is RMB _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _ _), and the purpose of the loan is _ _ _ _ _ _ _ _.
2. Party A must provide true and effective financial documents such as ID card, work certificate, income certificate and address certificate, and entrust Party B to assist in handling mortgage or unsecured loan.
Article 2 Warranty clause
1. In order to ensure the capital safety of the lending institution, Party A mortgages the unit house located in Building 1 in the provincial and municipal road community to the lending institution.
2. Party A promises to cooperate with the lending institution and Party B to handle the mortgage registration procedures of the houses listed in the first paragraph of this article. If the mortgage registration formalities cannot be handled due to Party A's reasons, all legal consequences arising therefrom shall be borne by Party A. ..
Article 3 Rights and obligations of Party A
1. Party A has the right to use the loan for the purpose agreed by the lending institution. Party A has the right to apply to the lending institution for loan extension under the specified conditions, and handle the extension formalities with the lending institution in time after approval.
2. Party A has the right to require Party B and the lending institution to keep the relevant information provided by Party A confidential, unless otherwise stipulated by laws and regulations.
Three. Party A shall provide relevant information to Party B and the loan issuing institution as required by Party B, and guarantee the truthfulness, completeness and validity of the information provided.
Four. Party A shall repay all the loan principal and interest on schedule according to the rules and regulations of the loan issuing institution.
Verb (abbreviation of verb) Party A shall actively cooperate with Party B and the loan issuing institution to inspect and supervise the use of the loan.
The intransitive verb guarantees to pay the labor service fee to Party B in time according to the contract.
Seven. If Party A changes its contact information during the loan period, it shall notify Party B and the loan issuing institution in advance.
Article 4 Rights and Obligations of Party B
1. Party B has the right to inspect, review and supervise the use of Party A's loan and the authenticity of the application materials, supervise and understand Party A's financial status and contact information during the loan period, and provide Party A's real information to the loan issuing institution.
2. Party B has the right to charge Party A for labor service.
Three. During the period of assisting Party A in handling loan matters, Party B has the right to detain Party A's relevant certificates according to business needs.
Four. Party B shall assist Party A to handle the loan business with the loan issuing institution according to the relevant loan application materials submitted by Party A. ..
5. Party B shall assist Party A in handling the entrusted loan, and avoid the unreasonable demands of the loan issuing institution on Party A. ..
6. Party A shall abide by the relevant regulations of the lending institution. If Party A violates the treaty of the lending institution and defaults on repayment, Party B has the right to assist the lending institution to recover the loan funds.
7. All relevant information provided by Party B to Party A shall be kept confidential by a third party except the loan issuing institution, unless otherwise stipulated by laws and regulations.
Article 5 Agency fees and payment methods
1. On the day when Party A and Party B sign the Entrusted Loan Agreement, Party A shall pay Party B RMB (in words: Yuan) in cash as the basic fee for Party B to handle the loan for Party A. Party A promises that under no circumstances will Party B be required to refund the basic fee collected to Party A regardless of whether Party B can successfully handle the loan business.
2. Party A and Party B agree that Party A shall pay Party B% of the total loan amount in cash as the reward for Party B to handle the loan for Party A, namely RMB: Yuan (in words: RMB: Yuan).
3. Party A and Party B agree that Party A will pay Party B% of the total loan amount in cash on the day when the loan issuing institution issues the loan, that is, RMB: Yuan (in words: RMB: Yuan).
Article 6 Liability for breach of contract
1. All adverse consequences caused by Party B's failure to perform the agreement or contract in time due to Party A shall be borne by Party A..
2. If Party A fails to pay remuneration to Party B in time, Party A promises to pay Party B a penalty of 0.000/day of the total loan amount. If the liquidated damages are insufficient to make up for Party B's losses, Party A shall make additional compensation for the insufficient part.
Article 7 Litigation jurisdiction
Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation. If negotiation fails, it shall be under the jurisdiction of the People's Court of Shibei District, Qingdao.
Article 8 Other matters agreed by both parties.
1. Party A must ensure that its personal credit is good before and during the loan application, and it has not been blacklisted in the personal credit information system of the People's Bank of China.
2. This agreement and relevant annexes are the only valid documents to determine the principal-agent relationship between Party A and Party B. If any other legal documents concerning the principal-agent relationship between Party A and Party B are inconsistent with this agreement, this agreement shall prevail.
Article 9 Supplementary Provisions
1. This agreement shall come into effect as of the date when Party A signs and seals (or signs when Party A is a natural person) and Party B or its authorized agent signs. Changes and rescission during the execution of this Agreement shall be subject to written consent of both parties.
2. This Agreement is made in duplicate, with each party holding one copy.
Article 10 Prompt clause
Party A has read all the terms of this contract, and at the request of Party A, Party B has made corresponding explanations for all the terms of this contract, and Party A confirms that it has fully understood the meaning of all the terms of this contract and the corresponding legal consequences, and fully and accurately understood these terms. Matters not covered in this contract shall be separately agreed by Party A and Party B in "Other Agreements" and have the same legal effect as the main text of this contract. Party A (signature): _ _ _ _ _ _ _
(Special note: Please sign and seal each page of the contract text. )
Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _
ID number: _ _ _ _ _ _ _ Handler: _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ Tel: _ _ _ _ _ _
Contact address: _ _ _ _ _ _ _ _ _ _ Contact address: _ _ _ _ _ _ _ _ _
Entrusted loan contract (III)
Our bank is entrusted by _ _ _ _ _ _ (Party A) to handle entrusted loans. Therefore, both parties have reached the following agreement through negotiation with Bank _ _ _ _ _ (Party B):
/
2. Party A entrusts Party B to investigate the feasibility, repayment ability and economic benefits of the loan project, and review the credit standing and guarantee ability of the guarantee unit. Party B will write a written report and sign a loan contract with the borrower in the name of Party B. ..
Three. Party B is responsible for supervising the use of the loan, understanding the realization of the economic benefits of the project, filling out the list of entrusted loans according to Party A's requirements and submitting it to Party A. ..
Four. If _ _ _ _ _ _ _ _ _ _ _ (unit) cannot repay the loan due to economic interests and other unexpected economic losses, Party B will not bear the economic responsibility.
5. If the borrower fails to repay the loan at maturity, Party B shall be responsible for deducting it from the borrower's bank deposit account or the guarantor's bank account. If payment is delayed, a penalty interest of _ _ _ _ _ will be charged on a daily basis according to the total amount of delayed payment.
After Party B agrees to sign this agreement, it shall sign the agency opinion on the Review Form of Entrusted Loan Projects and send it to Party A together with the loan contract, IOU, investigation report and other materials in time; After Party A transfers the loan funds to Party B's account, Party B immediately transfers the loan funds to the borrower.
Seven, the monthly loan balance of three thousandths of the service fee should be deducted from the interest income on a quarterly basis. Service fee income is% for Party A and% for Party B. ..
Eight. The entrusted loan funds shall bear interest from the date when Party A remits the loan contract, and Party B shall be responsible for timely remitting the loan interest, the labor fees receivable by Party A and the principal that should be recovered (the telegraphic transfer method is over RMB _ _ _ _ _) to Party A's account on a quarterly basis, and making a list (see list style). If telegraphic transfer, please send the list to Party A at the same time).
Nine. This agreement shall come into force after being sealed and signed by both parties. When the business ends, the funds are settled and this agreement is automatically terminated.
X. this agreement is made in duplicate, each party holds 1 copy, which has the same effect.
Party A: (official seal) Party B: (official seal)
Address: Address:
Legal representative: (signature) Legal representative: (signature)
Date of signature: year month day.
Signing place:
3. What does it mean to sign an entrusted repayment agreement for commercial loans?
Entrusted loan repayment agreement refers to the borrower and his spouse who deposit the housing provident fund within the administrative area of this Municipality, and the housing loan issuing bank signs a contract with Wuxi Housing Provident Fund Management Center to undertake the entrusted loan repayment business. The above content can be simply understood as using the provident fund to offset the purchase loan. Entrusted repayment only relieves your repayment pressure and has nothing to do with commercial loan interest.
4. What does the entrusted loan contract mean?
Generally, only banks and financial institutions can engage in the business of issuing loans. If other companies lend money to foreign countries, they will lend money to borrowers through banks, which is called entrusted loans.