What are the provisions of the maximum guaranteed loan contract? You still need to know it before you sign it. The following is a sample of the maximum guaranteed loan contract for reference only.
Chapter 1: Model loan contract of maximum guaranteed lender:
Borrower:
Guarantor:
Supervisor:
This Contract is signed by the Lender, the Borrower and the Guarantor through consultation in accordance with the provisions of relevant national laws, regulations and rules.
Article 1 Loan amount, type and purpose: The lender agrees to issue RMB loans to the borrower (in words), the loan type is and the loan purpose is.
Article 2 Loan Term: The loan term of this contract starts from the date of month to the date of month. During the above-mentioned period and within the loan amount, if the borrower applies for a loan, both parties will no longer sign a loan contract one by one. The amount, term and interest rate of each loan shall be subject to the loan voucher, fax of loan voucher or bank remittance slip signed by both parties, which are an important part of this contract and have the same legal effect as this contract.
Article 3 Loan interest rate: The loan interest rate of this contract is ℅/day. If the benchmark loan interest rate of China People's Bank is adjusted and the loan term is below 1 year (inclusive), the interest rate agreed in this contract will remain unchanged; If the loan term exceeds one year, the interest rate will be adjusted according to the interest rate policy of the People's Bank of China, and the lender will not notify the borrower and guarantor separately.
Article 4 Transfer method: The borrower requires the lender to transfer the loan amount to the following account (account name, bank and account number) designated by the borrower:
First, second, third.
Article 5 Repayment and interest payment method: the interest payment method agreed in this contract is (month, quarter or year), and every (month, quarter or year-end month) is the interest settlement date and interest payment date. Late payment of interest is regarded as a breach of contract. The borrower can repay the loan in advance, or it can be reused within the term and amount of the loan. All loans can be repaid in whole or in part, and all loans can be repaid in whole or in part. According to the actual amount of the IOU and the bank statement, the interest will be collected on a point-to-point and daily basis, and the principal and interest will be paid off in full.
Article 6 Guarantee method: The guarantor voluntarily provides joint and several liability guarantee for the creditor's rights under this contract.
Article 7 Guarantee period: The guarantee period is two years from the expiration of the loan period. If the lender recovers the unexpired loan in advance according to the agreement, it shall be deemed that the loan term has expired. If the loan is extended, the guarantor will continue to bear joint and several liability for guarantee, and the guarantee period is two years from the date of expiration of the loan term after the extension.
Article 8 Scope of guarantee: The scope of guarantee includes loan principal, interest (including penalty interest and compound interest), liquidated damages, damages and expenses for realizing creditor's rights. The expenses for realizing creditor's rights include legal fees, lawyer's agency fees, dunning travel expenses and other reasonable expenses.
Article 9 specifically stipulates that if the main contract of this contract is invalid, the guarantee clauses are still valid, and the guarantor shall still bear joint and several guarantee responsibilities for all the creditor's rights (rights) of the lender under the invalid main contract. 2. If the interest rate is raised according to the agreement in Article 3 of this contract, the guarantor agrees to be jointly and severally liable for the interest increased due to the interest rate increase according to the guarantee clause of this contract. Three. If the Lender transfers the creditor's rights according to law, the Guarantor still needs to bear joint and several guarantee liabilities as agreed in this Contract. Four. If the creditor's rights under the Contract are guaranteed by others and/or property, regardless of whether the property guarantee is provided by the debtor or a third party, when the lender claims the creditor's rights, the lender may realize the creditor's rights on the property guarantee or ask the guarantor to bear joint and several liabilities for the property guarantee, or both the guarantor and the property guarantee shall bear joint and several liabilities for the guarantee, and the guarantor of the Contract agrees to bear joint and several liabilities for all the creditor's rights under the Contract. V. The Guarantor promises to pay close attention to the operation of the Borrower. If the borrower conducts bankruptcy liquidation, it is presumed that the guarantor knows or should know the borrower's bankruptcy liquidation behavior, and the guarantor shall exercise the right of recourse in advance. Six, the guarantor whether to provide a guarantee at the same time or separately, are joint and several joint guarantee relationship. 7. The Lender's claim to any guarantor is deemed to claim to other guarantors.
Article 10 Supervision mode: The borrower voluntarily accepts the supervision of the supervisor of this contract. The Entrusted Supervision Contract is an important part of this contract and has the same legal effect as this contract.
Article 11 Extension of loan: If the borrower needs to extend the loan term, he shall submit a written application to the lender before the loan expires. With the consent of the Lender and the Guarantor, the Lender, the Borrower and the Guarantor shall separately sign a loan deferred repayment agreement. After the extension of the loan, when the extension period of the loan plus the original term reaches the new interest rate term grade, the interest rate will be determined according to the new term grade interest rate from the date of extension.
Article 12 In any of the following circumstances, the Lender has the right to stop the loan that has not been issued under this Contract and recover the loan that has not expired in advance; 1. Fails to repay the principal and interest on schedule, or fails to repay the loan principal and interest according to the repayment method specified in the loan receipt; 2. Failing to use the loan for the agreed purpose; 3. Do not accept or cooperate with the lender's inquiry or supervision on the use of the loan; 4. Failure to pay off other debts to the lender or debts to other financial institutions or third parties on time; Five, the borrower, the borrower's legal representative, shareholders and senior management personnel involved in major gambling, drug abuse and other illegal acts; 6. Events such as looting of property; Seven, involving major adverse litigation; Eight, the administrative organ has implemented a major administrative punishment; Nine, due to poor management and suspend production or business; 10. Concealing the financial status and operating conditions of the enterprise or withdrawing funds (capital); Eleven, without the written consent of the creditors to contract, entrust, trust, lease, joint venture, merger, merger, division, donation, joint-stock reform and other ways to operate or reduce the registered capital; 12. Failing to notify the lender in writing one month before the name, legal representative, shareholders, domicile or business scope of the enterprise changes; Thirteen, tax evasion, bankruptcy, dissolution, ordered to suspend business for rectification or revoked (revoked) business license; 14. Other circumstances that seriously affect the ability to repay debts or lose credit.
Article 13 In case of any of the situations mentioned in Article 12 to Article 14, the Lender has the right to stop issuing the loan that has not been issued under this Contract and recover the loan that has not expired in advance.
Article 14 Liability for breach of contract: The borrower's breach of contract and its liability for breach of contract: (1) If the loan principal (including extension) is not repaid on schedule, default interest will be charged at the agreed interest rate from the overdue date. (2) If the loan interest is not paid on schedule, compound interest shall be calculated at the penalty interest rate. (3) If the loan is not used according to the purpose agreed in the contract, a penalty interest of% will be added to the misappropriated loan during the misappropriation period. (4) The borrower can repay the loan in advance and charge interest according to the interest rate agreed in this contract and the actual number of days.
Two. Lender's breach of contract and its liability for breach of contract: If the lender fails to provide loans to the borrower as agreed, it shall pay the borrower liquidated damages according to the amount of breach of contract, overdue default interest rate and the number of days of default.
Article 15 Performance of the contract: The borrower shall open an account in the bank designated by the company, and the lender shall be deemed to have fulfilled the obligation of issuing loans when transferring the loan to the account or paying cash. 2. When the lender recovers the due loan principal and interest or recovers the loan principal and interest in advance as agreed in the contract, it can directly deduct it from the account of the borrower and guarantor.
Article 16 Use of Information: The Borrower and the Guarantor agree that the Lender shall input (inquire and disclose) the relevant information of the Borrower and the Guarantor into the personal (enterprise) credit information basic database and related information system of the People's Bank of China in accordance with the relevant regulations of the People's Bank of China or other financial management departments.
Article 17 Other agreed matters:
Article 18 Dispute settlement: Any dispute arising under this Contract shall be settled by the Lender, the Borrower and the Guarantor through consultation; If negotiation fails, a lawsuit shall be brought to the people's court of the lender's domicile.
Article 19 Others:
I. The loan receipt is an integral part of this contract and has the same effect as this contract.
Two. The notary fees and other expenses incurred in this contract shall be borne by the borrower or guarantor.
Three. The debt guaranteed by this contract has been paid off, but the money is confirmed as invalid by relevant legal documents, and this contract is still valid. Four. Entry into force of the contract: This contract shall come into force as of the date of signature (seal) by all parties.
5. The Lender has asked the Borrower and the Guarantor to have a comprehensive and accurate understanding of the terms of this Contract and fully explain the terms according to the requirements of the Borrower and the Guarantor; All the terms of this contract have been fully negotiated before signing; The Borrower and the Guarantor are fully familiar with and fully understand the meaning of the terms of this contract and the corresponding legal consequences.
This contract is made in duplicate, two for the lender, one for the borrower, one for the guarantor and one for the supervisor, all of which are equally authentic.
Party A: Party B: Date:
Signature time: year month day.
Chapter II: Model Loan Contract with Maximum Guaranteed Amount Lender: Suichang Rural Credit Cooperative Union.
Borrower:
Guarantor:
Guarantor:
Guarantor:
This Contract is signed by the Lender, the Borrower and the Guarantor through consultation in accordance with the provisions of relevant national laws, regulations and rules.
Article 1 Amount, type and purpose of loan: The lender agrees to issue loans to the borrower from (month) to (month), with the maximum loan amount of RMB (in words). The type and purpose of the loan shall be subject to the loan receipt. During the above-mentioned loan period, the borrower shall apply to the lender one by one within the maximum loan limit, and the lender has the right to examine and approve each loan one by one according to the national credit policy and the lender's actual situation and decide whether to grant it.
Article 2 Loan Term: The loan term of each loan under this contract shall be subject to the current loan receipt.
Article 3 Loan interest rate: The loan interest rate of this contract is agreed by the lender and the borrower according to the interest rate policy of the People's Bank of China at the time of loan issuance, which is subject to the current loan receipt. In case of adjustment of the benchmark loan interest rate of the People's Bank of China, and the loan term is less than one year (inclusive), the agreed interest rate of the current loan receipt remains unchanged; If the loan term exceeds one year, the interest rate will be adjusted according to the policies of the People's Bank of China. The adjustment method is that the Lender will not notify the Borrower and the Guarantor separately.
Article 4 Repayment method: The repayment method agreed in this contract is to pay interest monthly, quarterly or annually, with the 20th of each month, quarter or year-end month as the interest settlement date and the next day as the interest payment date. If the interest is overdue, it is a breach of contract. When the loan term expires, the principal will be repaid in one lump sum, and the interest will be paid off together with the principal. However, if the loan receipt specifically stipulates the repayment method of the current loan, the repayment method of the loan shall be implemented in accordance with this agreement.
Article 5 Guarantee method: The Guarantor voluntarily provides guarantee for all creditor's rights incurred by the Lender under this Contract. The guarantee method is joint and several liability guarantee. All guarantors, whether they provide guarantees at the same time or separately, are joint and several.
Article 6 Guarantee period: The guarantee period of this contract is determined according to the loan term of each loan, and the guarantee period of each loan is two years from the date of expiration of the loan term. If the lender recovers the unexpired loan in advance as agreed, it shall be deemed as two years from the date of expiration of the loan term.
Article 7 Scope of guarantee: The scope of guarantee includes party principal and interest (including default interest and compound interest, etc. ), liquidated damages, damages and expenses for realizing creditor's rights. The expenses for realizing creditor's rights include legal fees, lawyer's agency fees, dunning travel expenses and other reasonable expenses.
Article 8 specifically stipulates that if the main contract of this contract is invalid, the guarantee clause is still valid, and the guarantor still bears joint and several liability for all the creditor's rights (rights) of the students concerned in the case of invalid main contract. Second, if we follow this contract,
The agreement in Article 3 raises the interest rate, and the Guarantor agrees to be jointly and severally liable for the increased interest due to the increase in interest rate according to the guarantee clauses in this contract. Three. If the Lender transfers the creditor's rights according to law, the Guarantor still needs to bear joint and several guarantee liabilities as agreed in this Contract. Four. Where the creditor's rights under this Contract are secured by others and/or property, both the guarantor and the property guarantee may be required to bear the guarantee responsibility at the same time, regardless of whether the property guarantee realizes the creditor's rights or requires the guarantor to bear the joint guarantee responsibility. Personal guarantee and property guarantee are in the same repayment order, and the guarantor under this contract agrees to bear joint and several liability for all creditor's rights under this contract. V. The Guarantor promises to pay close attention to the operating conditions of the Borrower. When the borrower enters the bankruptcy liquidation procedure, it shall be presumed that the guarantor knows or should know the bankruptcy liquidation behavior of the borrower, and the guarantor shall exercise the right of recourse first. An intransitive verb The lender's claim to any guarantor is deemed to claim to other guarantors.
Article 9 Extension of loan: If the borrower needs to extend the loan term, he shall submit a written application to the lender before the loan expires. With the consent of the Lender and the Guarantor, the Lender, the Borrower and the Guarantor shall separately sign a loan deferred repayment agreement.
After the extension, when the loan extension period plus the original term reaches the new interest rate term grade, the interest rate will be determined according to the new term grade interest rate from the date of extension.
Article 10 In case of any of the following circumstances, the Lender has the right to stop the loan that has not been issued under this Contract and recover the loan that has not expired in advance: 1. Failing to repay the principal and interest of the loan on schedule or not paying the principal and interest of the loan according to the repayment method specially agreed in the loan receipt'; 2. Failing to use the loan for the agreed purpose; 3. Do not accept or cooperate with the lender's inquiry or supervision on the use of the loan; 4. Failure to pay off other debts to the lender or debts to other financial institutions or third parties on time; Five, the borrower, the borrower's legal representative, shareholders and senior management personnel involved in major gambling, drug abuse and other illegal acts; 6. Events such as looting of property; Seven, involving major litigation; Eight, the administrative organ has implemented a major administrative punishment; Nine, due to poor management and suspend production or business; 10. Concealing the financial status and operating conditions of the enterprise or withdrawing funds (capital); Eleven, without the written consent of the creditors to contract, entrust, trust, lease, joint venture, merger, merger, division, donation, joint-stock reform and other ways to operate or reduce the registered capital; 12. Failing to notify the lender in writing one month before the name, legal representative, shareholders, domicile or business scope of the enterprise changes; Thirteen, tax evasion, bankruptcy, dissolution, ordered to suspend business for rectification or revoked (withdrawn) business license; Fourteen, other serious loss of debt repayment ability or credit situation.
Article 11 In case of any of the situations mentioned in Articles 10 to 14 of the Guarantor, the Lender has the right to stop issuing the loan that has not been issued under the Contract and recover the unexpired loan in advance.
Article 12 Liability for breach of contract:
I. Borrower's breach of contract and its liability for breach of contract: (1) If the loan principal (including extension) is not repaid on schedule, the default interest will be charged at the agreed interest rate from the overdue date. (2) If the loan interest is not repaid on schedule, compound interest shall be calculated at the penalty interest rate. (3) If the loan is not used according to the purpose agreed in the contract, a penalty interest of% will be added to the misappropriated loan during the misappropriation period. (four) the borrower to repay the loan in advance, subject to the consent of the lender; The Lender has the right to charge the Borrower the interest for repaying the loan in advance according to the term and interest rate agreed in this contract, but with the consent of the Lender, the interest can be charged according to the interest rate agreed in this contract and the actual number of days.
Two. Lender's breach of contract and its liability for breach of contract: If the lender fails to provide loans to the borrower as agreed, it shall pay the borrower liquidated damages according to the amount of breach of contract, overdue default interest rate and the number of days of default.
Article 13 Performance of the contract: The borrower shall open an account in the cooperative, and the lender shall be deemed to have fulfilled the obligation to issue loans when the loans are transferred to the account. 2. When the lender recovers the due loan principal and interest or recovers the loan principal and interest in advance as agreed in the contract, it can directly deduct it from the account of the borrower and guarantor.
Article 14 Use of information: The borrower and the guarantor agree that the lender shall input (inquire and disclose) the relevant information of the borrower and the guarantor into the personal (enterprise) credit information basic database and related information system of the People's Bank of China in accordance with the relevant regulations of the People's Bank of China or other financial management departments.
Article 15 Other agreed matters: Article 16 Dispute settlement method: Disputes arising from this contract shall be settled by the Lender, the Borrower and the Guarantor through consultation; If negotiation fails, a lawsuit shall be brought to the people's court of the lender's domicile.
Article 17 Others:
1. The maximum loan limit in Article 1 of this Contract means that the maximum loan principal balance shall not exceed the maximum limit. However, if the creditor's rights exceed the maximum loan limit due to the interest bearing on the principal, expense bearing and other reasons, it is still within the guarantee scope of the guarantor.
Two. The loan receipt and other attachments under this contract are an integral part of this contract and have the same effect as this contract.
Three. The notary fees and other expenses incurred in this contract shall be borne by the borrower or guarantor.
Four. The debt guaranteed by this contract has been paid off, but the money is confirmed as invalid by relevant legal documents, and this contract is still valid.
Verb (abbreviation of verb) Contract comes into effect: This contract comes into effect as of the date of signature (seal) by all parties.
The lender of intransitive verbs has asked the borrower and the guarantor to fully and accurately understand the terms of this contract and fully explain the terms according to the requirements of the borrower and the guarantor; All the terms of this contract have been fully negotiated before signing; Borrower and guarantor
I am fully familiar with and fully understand the meaning of the terms of this contract and the corresponding legal consequences.
Seven. This Contract is made in duplicate, two for the Lender and one for the Borrower and the Guarantor, all of which are equally authentic.
Party A: Party B: Date:
Signature time: year month day.
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