Telephone message:?
Address:?
Legal representative:?
Responsible person:?
Entrusted Lender: (hereinafter referred to as Party B)
Telephone message:
Address:?
Person in charge:
Entrusted Lender: (hereinafter referred to as Party C)?
Telephone message:?
Address:?
Person in charge:
According to Party A's business needs and loan application, Party B agrees and entrusts Party C to issue entrusted loans to Party A. In order to clarify their respective rights and obligations, according to relevant national laws and regulations, the three parties enter into this contract through consultation for common compliance.
Article 1 Loan amount
Does Party A borrow RMB from Party B in writing?
Article 2 Purpose of loan
Party A's loan will be used for _ _ _ _ _ _ _ _ _ _ _.
Article 3 Term of loan
The loan term agreed in this contract is _ _ _ _ _ months, that is, counting from _ _ _ _ _ _.
If the start date of the loan term under this contract is inconsistent with the loan extension certificate, the loan extension certificate shall prevail and the loan term shall be postponed accordingly. The loan transfer certificate is an integral part of this contract and has the same legal effect as this contract.
Article 4 Loan interest rate and interest settlement method
1. Interest shall be settled according to the following _ _ _ _ method.
1. Is the loan interest rate calculated by interest? Pay interest? Is the interest settlement date month/quarter-end month/year-end month? Day 20.
2. The loan interest shall be calculated from the date when the loan is transferred to Party A's account. During the validity of this contract, if Party B needs to adjust the loan interest rate, Party B shall, after consultation with Party A, notify Party C in written form signed by both parties to adjust the interest rate. ..
Article 5 Loan issuance
1. Only the following conditions are met at the same time? Is Party C obligated to issue loans?
One? The corresponding entrusted funds of Party B have been deposited into the entrusted loan account opened by Party C?
Two? Does Party A meet the preconditions for the use of funds required by Party B?
① ?
② ?
Three? Party C has received Party B's entrusted loan issuance notice?
Four? The loan amount in the Notice of Entrusted Loan Issuance shall not exceed the available funds in Party B's entrusted loan fund account?
Five? This contract has come into effect?
Second, the loan plan
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan.
Three. Party C transfers the loan to the account opened by Party A in Party C..
account number
Article 6 Loan repayment
I. Repayment sequence
Any repayment of Party A under this contract? Pay the interest first, then pay the principal. If there is any adjustment, the written notice of Party B shall prevail.
Second, interest payment.
Party A shall pay due interest to Party B through Party C on the interest settlement date. The first interest payment date is the first interest settlement date after the loan is issued. When the last loan is paid off? It is obvious that profits are spent on money.
Third, repay the principal.
Party A shall repay the loan principal according to the following plan?
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan?
Year month day ten thousand yuan? Year month day ten thousand yuan.
Fourth, the repayment method
One? Party A shall, before the repayment date agreed in this contract, deposit the current repayment amount in full into the account opened by Party C, and go through the repayment procedures in time.
Two? Party B entrusts Party C to transfer the same amount of funds from the entrusted loan fund when returning the loan.
Transfer to the account designated by Party B?
Bank of deposit? Account name account number.
Three? If Party B is multiple principals? What is the repayment method of funds when Party A repays?
1、
2、
3、
Verb (abbreviation for verb) advance payment
With the written consent of Party B and notify Party C? Party A may repay part or all of the loan principal and interest in advance. When Party A repays the principal in advance, it shall calculate the interest according to the actual service period and the loan interest rate agreed in this contract. Did Party A repay the loan in installments? What if part of the loan principal is repaid in advance? Repayment shall be made in the reverse order of repayment plan. After the advance payment The outstanding loan is still subject to the loan interest rate agreed in this contract.
Tax payment of intransitive verbs
When Party B entrusts Party C to repay the interest? Pay business tax at the tax rate stipulated by the relevant national tax laws. Other taxes and fees payable by both parties? Party A and Party B declare and pay by themselves in accordance with relevant state regulations.
Article 7 Commission fees for principal-agent business
1. The commission for entrusted loan business shall be paid in the following ways?
1, client payment?
2. Paid by the borrower?
3. Both parties pay in proportion. What is the proportion paid by the entrusting party? The borrower's payment ratio is.
Second, the handling fee rate and calculation method
Third, the handling fee settlement time
Article 8 Modification and rescission of the contract
1. After this contract comes into effect? Either party shall not change or terminate this contract without authorization.
2. If Party A fails to complete the preconditions for the use of funds required by Party B before the use of funds, Party B has the right to terminate this contract unilaterally and notify Party A and Party C in writing.
Three. When the loan expires, if Party A fails to pay off the loan after efforts due to changes in objective circumstances, it may apply to Party B for extension days before the loan expires, and after Party B agrees, it shall notify Party C in writing, and Party A, Party B and Party C shall sign an extension repayment agreement? As an annex to this contract.
Article 9 Rights, Obligations and Statements of Party A
I. Rights of Party A
1. Party A has the right to require Party B and Party C to issue entrusted loans according to the stipulations of this contract.
2. Party A has the right to use the loan for the purposes agreed in this contract.
3. Party A has the right to apply to Party B for loan extension under the conditions specified by Party B, and handle the extension formalities with Party B and Party C in time after Party B agrees.
4. Party A has the right to require Party B and Party C to keep the relevant information provided by Party A confidential? Except as otherwise provided by laws and regulations.
Two. Obligations of Party A
1. Should I open a basic deposit account or general deposit account in Party C? The account may not be transferred.
2. Party A shall use the loan for the purposes agreed in this contract? Shall not occupy or misappropriate loans.
3. Party A shall provide relevant information to Party B and Party C according to Party B's requirements? And ensure that the information provided is true, complete and effective.
4. Party A shall actively cooperate with Party B and Party C to inspect and supervise the use of the loan under this contract.
5. Party A shall repay all the loan principal and interest on schedule as agreed in this contract.
6. Is there any change in the name, legal representative, address and business scope of Party A during the loan period? Party B and Party C shall be informed in advance.
7. Party A shall bear the expenses related to this contract, such as lawyer service, insurance, evaluation, registration, storage, appraisal and notarization.
8. Guarantee to pay the handling fee to Party C in time according to this contract.
9. Other obligations?
Three. Statement of Party A
Party A hereby declares as follows?
1. Party A is a legal person, other economic organizations, individual industrial and commercial households and natural persons who meet the requirements of the General Rules on Loans of People's Republic of China (PRC), and has all necessary rights and authorizations to conduct this business activity or participate in litigation in its own name, and enjoys the legal right to dispose of the assets it operates.
2. The signing and execution of this contract by Party A is voluntary, which is the expression of its true meaning and has been authorized by all necessary laws. The signing and execution under the above authorization does not violate Party A's articles of association or any laws or contracts binding on Party A, and all procedures required for Party A to sign and execute this contract have been legally and effectively completed.
3. All documents, materials, statements and vouchers provided by Party A to Party B and Party C for the loan under this contract are accurate, true, complete and effective.
4. Party A has not concealed any events that have happened or will happen soon, which may cause Party B to refuse to grant the loan under this contract.
5. The statements and guarantees made by Party A in this article are continuous and valid.
6. Party A acknowledges that Party B and Party C signed this contract based on their trust in the above statements and guarantees.
Article 10 Rights, obligations and statements of Party B and Party C
I rights of party b and party c
1. Party B has the right to inspect and supervise the use of Party A's loan? Party C has the right to inspect and supervise the use of Party A's loan according to Party B's written request.
2. Party B has the right to know about Party A's business and financial activities? Party C has the right to know Party A's business and financial activities according to Party B's written requirements.
3. Party B has the right to entrust Party C to recover the loan principal and interest according to this contract.
4. Party C has the right to charge Party A and Party B the handling fee on time.
Two. Obligations of Party B and Party C
1. Party B shall allocate the entrusted loan funds to Party C in full and on time as agreed in this contract? And ensure that the amount of funds in the fund account is not less than the amount of funds withdrawn by Party A according to this contract. Party C issues entrusted loans in full and on time? Unless Party C is unable to release funds due to Party B's delay in payment.
2. When the loan payment amount in the entrusted loan payment notice is greater than the available fund balance in Party B's entrusted loan fund account, so that Party C cannot issue the entrusted loan on time? Party C shall notify Party B in time.
3. Party B and Party C shall keep the plans, statistics, financial and accounting statements and other relevant materials provided by Party A confidential? Except as otherwise provided by laws and regulations.
4. Party B guarantees to pay the handling fee to Party C in time according to this agreement. When Party A breaches the contract and fails to pay the handling fee to Party C on time? Party B guarantees to pay Party C the handling fee payable by Party A but not paid on time.
Three. Party B and Party C declare that
1. Statement by Party B?
Party B hereby declares as follows?
① The loan funds provided by Party B are legal and discretionary.
② Party B has the right to engage in the activities under this contract according to the laws and policies of People's Republic of China (PRC).
③ It is voluntary for Party B to sign and execute this contract? After all necessary legal authorization. Is it a representation of its true meaning? In addition, Party B has completed the formalities required for signing and executing this contract.
(4) Party A, loan purpose, loan interest rate and loan term of the entrusted loan under this contract shall be determined by Party B itself or through consultation with Party A. ..
2. Party C declares?
Party C hereby declares as follows?
(1) Party C is a state-owned commercial bank established in accordance with the laws of People's Republic of China (PRC), and holds the Legal Person License and Business License for Financial Institutions issued by the People's Bank of China, which have been approved and registered by the administrative department for industry and commerce [or? Branches of state-owned commercial banks].
② Is Party C qualified to sign this contract and related documents? Have the right to perform the rights and obligations under this contract.
Article 11 Liability for breach of contract
1. Does Party A misappropriate or use the loan overdue? And press a? The relevant provisions of the people's Bank of China for punishment? Or b? .
2. Interest that Party A cannot pay on schedule? And the interest that cannot be paid on schedule during the loan misappropriation or overdue period? And press a? Compound interest is calculated according to the regulations of the People's Bank of China? Or b? .
3. Within the validity period of the contract? One of the following circumstances occurs to Party A? Party c has the right to suspend the outstanding loan according to party b's written opinion?
1. Party A fails to provide true, complete and effective information to Party B and Party C as required.
2. Party A fails to use the loan according to the purpose agreed in this contract.
3. Party A fails to repay the loan principal and interest on schedule as agreed in this Contract.
4. Party A refuses Party B and Party C to supervise and inspect the loan usage.
5. Party A transfers assets? Withdraw funds? To avoid debt.
6. Party A is involved in or about to be involved in major litigation or arbitration proceedings and other legal disputes? Party B thinks it may affect the safety of loan assets.
7. Party A violates other obligations related to Article 9 of this contract? Party B thinks it is enough to affect Party A's solvency.
8. Other circumstances?
Four. If Party B fails to transfer the entrusted loan funds to the account designated by Party C on time and in full, Party B shall be responsible for compensating the losses caused to Party A due to the influence on the loan issuance of Party C. ..
5. If the entrusted loan fails to be issued according to the contract due to Party B's reasons, Party C shall bear the corresponding losses. ..
When the loan granting conditions agreed in Item 1 of Article 5 of this Contract have been met, if the loan cannot be granted in full and on time due to Party C's reasons? According to the amount and days of overdue payment, pay compensation to Party A according to the interest rate of the same level of working capital loan stipulated by the People's Bank of China? If Party C fails to issue the loan in full and on time as instructed by Party B? Party B shall be liable for breach of contract in accordance with the Individual Entrusted Loan Agreement.
Article 12 Other agreed matters.
1. Guarantee involving the loan under this contract? Party A and Party B agree otherwise? With this contract? Can you send a copy to Party C? However, it is not directly related to the agency business of Party C. 2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3、_________________________________
Article 13 Settlement of Contract Disputes
Disputes arise during the performance of this contract? It shall be settled by both parties through consultation. Party C shall provide assistance. No negotiations? It can be settled through litigation. When negotiating? The non-controversial clauses in this contract still need to be fulfilled.
Article 14 Notice
1. Any notice, payment request and various communications under this contract shall be delivered to the other party at the following address or telex number and fax number? Where to? Party a?
2. If either party changes the above address, it shall immediately notify the other two parties.
Article 15 the contract comes into effect
This Agreement shall be signed and sealed by the legal representative, responsible person or authorized agent of Party A. If Party A is a natural person, it shall be signed. Party B or its authorized agent shall sign and affix the official seal. If Party B is a natural person, it shall sign. It shall come into effect as of the date of signature and seal of Party C, the person in charge or its authorized agent.
Article 16 this contract is made in three originals? Party A, Party B and Party C each hold one copy? Roger that.
Party a? Official seal?
Responsible person? Or authorize an agent to sign it?
date month year
Party b Official seal?
Or? Signature of authorized agent?
date month year
Party C? Official seal?
Responsible person? Or authorize an agent to sign it?
date month year