1, assets are different, advances are classified as non-performing assets in banks, while loans are normal assets;
2. There are different types of prepayment, including bank acceptance bill prepayment, letter of credit prepayment, bank guarantee prepayment and foreign exchange loan prepayment. The types of loans are credit loans, mortgage loans and trust loans.
What are the precautions for borrowing money?
1, and the repayment period shall be agreed. The loan must clearly stipulate the repayment period; If there is no agreement, the creditor can make a repayment claim at any time, which is not limited by the two-year statute of limitations. However, if the creditor fails to continue to claim for repayment within two years after filing the claim for repayment, it shall be deemed as exceeding the limitation of action and the law shall not support it;
2. A written receipt must be provided. If there is no written receipt or it cannot be provided, it shall provide the necessary factual basis or the testimony of two or more witnesses who have no interest in it to support its claim. When the IOU or IOU is in the hands of the debtor, it is generally presumed that the debt has been paid off;
3. Interest can be higher than the bank interest rate. Interest must be clearly agreed. If there is no agreement, it will be regarded as an interest-free loan. The interest rate of private lending can be higher than the bank interest rate, but the maximum annual interest rate shall not exceed 36%, which is invalid; The court should support the part that does not exceed the annual interest rate of 24%; The court does not object to the part of the annual interest rate between 24% and 36%, and the court does not support it if the borrower voluntarily performs it;
4. The loan contract for lending money to others to engage in illegal activities is invalid. Lenders borrow money knowing that it is illegal. A typical example is gambling debts, and their lending relationship is not protected. Illegal lending by both parties can be sanctioned according to relevant laws;
5. If the person in charge of the enterprise borrows money to operate, the person in charge and the enterprise shall bear joint liability. If the person in charge of the enterprise borrows money in the name of the enterprise and issues an iou, if the loan is used for the operation of the enterprise, it shall bear joint liability with the enterprise; For self-use, it shall be jointly and severally liable with the enterprise or solely liable for repayment;
6. Loan guarantee. If the mortgage is secured by real estate, it shall go through the registration formalities with the relevant departments, otherwise it cannot be used against a third party; If the guarantor guarantees, the identity of the guarantor shall be indicated in the contract, otherwise the court will not recognize the identity of the guarantor;
7. Limitation of action. The limitation of action is two years, and if the loan period is agreed, it shall be counted from the second day after the expiration of the period; If the time limit is not agreed, it shall be counted from the second day of the lender's demand for repayment.
Legal basis: Article 668 of the Civil Code of People's Republic of China (PRC).
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.