What kind of loan does the fixed assets loan contract belong to?

What are the two kinds of loan contracts?

From the perspective of national management, loan contracts can be divided into two categories: private loan contracts and credit contracts.

(1) Private loan contract

Private lending contract refers to a contract between individual citizens, in which the lender lends the monetary funds belonging to his legal income to the borrower, and the borrower returns the borrowed monetary funds and interest when the loan expires.

In the form of lending, there are two kinds of private lending contracts: written and oral, with interest, interest-free, low interest and high interest. The state's management of private lending: first, both parties should follow the principles of voluntariness, equality, fairness, honesty and credit; Second, it is not allowed to illegally operate or operate financial business in disguised form in the form of private lending contracts, which will disrupt the financial order and harm the public interests.

(2) Credit contract

A credit contract refers to a contract in which commercial banks and credit cooperatives that operate loan business lend monetary funds to legal persons, other economic organizations or individuals for use, and the borrower returns the borrowed funds and interest when the loan expires. According to different standards, different divisions can be made.

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

Self-operated loan refers to a loan independently issued by the lender with funds raised in a legal way. The risk is borne by the lender, and the principal and interest are recovered by the lender. Entrusted loan refers to the funds provided by customers such as government departments, enterprises, institutions and individuals, which are distributed by the lender (i.e. the trustee) according to the loan object, purpose, amount, term and interest rate. The client decides to supervise the use and assist in recovering the loan. Lenders (trustees) only charge fees and do not bear loan risks. Special loans refer to loans granted by wholly state-owned commercial banks with the approval of the State Council after taking corresponding remedial measures for possible losses caused by loans.

2. According to the type of currency, it can be divided into RMB loan contract and foreign currency loan contract.

Rmb loan contracts can be divided into: fixed assets loan contracts, working capital loan contracts, trust fund loan contracts, entrusted fund loan contracts, etc.

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

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

According to the specific loan projects, fixed assets loan contracts can be divided into capital construction loan contracts, technical transformation loan contracts and special fund loan contracts. Liquidity loan contracts can be divided into liquidity loan contracts, seller loan contracts, special fund loan contracts and land development loan contracts.

4. According to whether there is guarantee in the loan contract, it can be divided into credit loan contract and secured loan contract.

Credit loan refers to unsecured loan issued by the borrower's credit.

Secured loans refer to loans that provide guarantees, including secured loans, mortgage loans and pledged loans. Guaranteed loan refers to a loan issued by a third party that promises the borrower to bear the general guarantee responsibility or agrees on joint and several liability when the borrower cannot repay the loan according to the guarantee method stipulated in the Civil Code. Mortgage loan refers to a loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Civil Code. Pledged loan is a loan that is issued with the movable property or rights of the borrower or a third party as collateral according to the pledge method stipulated in the Civil Code.

If you have any questions about the above contents, please contact.

report

Cite the law

[1] Article 668 of the Civil Code of People's Republic of China (PRC).

Did not find the answer? Recommend professional lawyers for speed consultation.

Hua LV Ji su consulting service

3 minutes quick response expert lawyer analysis guidance

Consulting TA

Read all

Consulting assistant

Currently online

Continue to consult

The Consulting Assistant will prompt you:

The article covers a wide range, and bond issuance involves property. I suggest you continue to consult me, describe your situation and get an exclusive answer. I will answer your questions online 24 hours a day.

1 1 exclusive consulting service.

1 and 1 communicate deeply and solve efficiently.

# 1 minute to ask questions, with an average of 3 minutes to reply.

Consult immediately?

60 minutes consultation time

24-hour online consultation

1 enjoys the preferential service of 1.

just now

Users in Dali, Yunnan submitted related credit and debt consultation.

1 minute ago

Users in Haidian District, Beijing submitted related construction project consultation.

Three minutes ago

Jiangxi-Ji 'an users submit relevant consultation on demolition and resettlement.

Five minutes ago

Tibet-Naqu users submit criminal defense related consultation.

Seven minutes ago

Jiangsu-Suqian users submit marriage and family related consultation.

Excellent local lawyers

Lawyer Li Xueqing.

Hualv authentication

Platform support

Good at: criminal defense, drug crimes, death penalty defense.

Comprehensive evaluation 5.0

Response time 1 day

2 150 people got help.

Full-time lawyer

Practiced for seven years.

Great experience

Online consultation

Lawyer Zhao Yahong

Hualv authentication

Platform support

Good at: contract disputes, marriage and family, inheritance.

Comprehensive evaluation 5.0

Response time 1 day

Has helped 90 people.

Full-time lawyer

Internship for 2 years

Great experience

clock dial

Online consultation

Qiu lawyer office

Hualv authentication

Platform support

Good at: criminal defense, divorce, drug crimes.

Comprehensive evaluation 5.0

Response time 1 day

Has helped 8972 people.

Full-time lawyer

Internship for 6 years

Great experience

clock dial

Online consultation

Lawyer Luo

Hualv authentication

Platform support

Good at: traffic accidents, marriage and family, creditor's rights and debts.

Comprehensive evaluation 5.0

Response time 1 day

Full-time lawyer

Internship for 3 years

Great experience

clock dial

Online consultation

He qingchao lawyer

Hualv authentication

Platform support

Good at: contract disputes, creditor's rights and debts, criminal defense.

Comprehensive evaluation 5.0

Response time 1 day

Has helped 4673 people.

Full-time lawyer

Practice 10 year

Great experience

Online consultation

Everyone is asking.

A friend borrowed 420,000 yuan and promised to pay interest (the annual interest rate does not exceed two points). Later, I ran away. Similar loans involve many people. Is it fraud?

[Lawyer's reply] Hello, according to your description, you can call the police on suspicion of fraud. If the public security organ does not handle it, it will sue the court to protect rights.

13 lawyer replied

Consult immediately

42 people got help.

Hello, I borrowed 2,000 yuan in installments, but these two online loans only borrowed 1,000 yuan, but they asked me to pay back 2,000 yuan respectively. What should I do?

[Lawyer's reply] Take the actual loan amount as the principal, and repay the loan principal and interest at an interest rate of no more than four times lpr.

Three lawyers answered.

Consult immediately

Has helped 40 people.

Lawyer Ma Xiaoxia.

Hualv authentication

Platform support

Good at: traffic accidents, contract disputes, creditor's rights and debts.

Comprehensive evaluation 5.0

Response time 1 day

Full-time lawyer

Internship for 5 years

Great experience

Online consultation

Why don't you browse the answers?

Ask questions directly.

already

8345 users obtained accurate and professional legal questions through consultation.

Classification of visa types in Thailand

[Lawyer's reply] You can consult the embassy about the visa.

Two lawyers answered.

Consult immediately

0 people have been helped.

You might be interested.

Hello, I want to ask some questions about private lending. There is a loan between the two people and there are relevant records to prove that there is a loan but there is no loan contract or agreement. One party urges the other party to repay the loan as soon as possible. Is it useful for the borrower to send a reminder letter to the other party?

[Lawyer's reply] Even if there is no IOU, if there is evidence that a loan agreement has been reached, the loan contract can still be used as a loan dispute claim. If you have any questions, you can contact me, hoping to help you.

43 lawyers answered

Consult immediately

Helped 14 1 person.

How to write a loan application lawsuit?

[Lawyer's reply] Hello, you can collect evidence and sue the court for recovery. You need to prove that there is a loan relationship between the two parties and there are corresponding evidence materials (for example; IOUs, transfer/remittance records, chat records, etc. ) and the identity information (name, address, ID number) of the other party, a lawsuit can be brought to the court of the plaintiff's habitual residence or domicile if the dispute is (owed). The summary trial procedure is three months, and the statute of limitations is generally three years. The specific litigation process is: 1. Write a civil complaint, collect relevant evidence materials, and file a case at the filing window of the people's court with jurisdiction; 2. After the case is accepted, the court will give you a notice of payment, pay a certain percentage of litigation fees to the designated bank according to the instructions, and then exchange tickets with the payment receipt given by the bank; 3. Waiting for the court to inform the court, the original defendant will generally be issued a subpoena; 4, according to the time and place indicated in the summons to appear in court to participate in the proceedings; 5. Wait for the verdict after the trial. If he refuses to accept the judgment, he shall appeal to the intermediate people's court from the date of receiving the judgment. 6. After the judgment comes into effect, you can apply to the court for compulsory execution, and the person subject to execution will join the blacklist of the person subject to dishonesty.

27 lawyers answered

Consult immediately

Helped 166 people.

Lawyer Yang Xiaoyu.

Hualv authentication

Platform support

Good at: labor disputes, marriage and family, criminal defense.

Comprehensive evaluation 5.0

Response time 1 day

150 people got help.

Full-time lawyer

Internship for 2 years

Great experience

clock dial

Online consultation

Why don't you browse the answers?

Ask questions directly.

already

8345 users obtained accurate and professional legal questions through consultation.

A friend borrowed 420,000 yuan and promised to pay interest (the annual interest rate does not exceed two points). Later, I ran away. Similar loans involve many people. Is it fraud?

[Lawyer's reply] Hello, according to your description, you can call the police on suspicion of fraud. If the public security organ does not handle it, it will sue the court to protect rights.

13 lawyer replied

Consult immediately

42 people got help.

How much is pure teddy?

Selected recommendation

How to divide the taxpayer of equity transfer, according to enterprise type, shareholder type or equity type?

[Lawyer's reply] There are several different types to delimit: individuals transfer shares to individuals or enterprises, resident enterprises transfer shares to individuals or enterprises, non-resident enterprises transfer shares to resident enterprises, non-resident enterprises transfer shares to non-resident enterprises, and non-resident enterprises transfer shares to individuals.

Eight lawyers answered

Consult immediately

53 people got help.

Hello, I borrowed 2,000 yuan in installments, but these two online loans only borrowed 1,000 yuan, but they asked me to pay back 2,000 yuan respectively. What should I do?

[Lawyer's reply] Take the actual loan amount as the principal, and repay the loan principal and interest at an interest rate of no more than four times lpr.

Three lawyers answered.

Consult immediately

Has helped 40 people.

Lawyer Huang Xiaoman

Hualv authentication

Platform support

Good at: criminal defense, criminal defense, contract disputes.

Comprehensive evaluation 5.0

Response time 1 day

345 people were helped.

Full-time lawyer

Internship for 2 years