5 Company-Individual Loan Contracts
When entering into a loan contract, the borrower shall provide the true situation of the business activities and financial status related to the loan as required by the lender. You now know What's the contract like? I am here to share with you some company-to-individual loan contracts, hoping it will be helpful to you.
Company's loan contract to individuals (Selected Part 1)
Party B (lender): _______________ ID number: ____________________________
Party C (guarantor) ):_______________ ID number: ______________________
Party A, Party B and Party C have reached an agreement on the following matters and signed this contract.
Article 1 Specific Agreement
(1) The borrower shall borrow RMB _____ million from the lender. The bank account provided by Party A, opening bank/account number
shall be delivered to the bank account provided by Party A before _________month_______ of ___________ year
(2) The borrowings under this contract shall be used for normal production and operation activities within the scope of the law. .
(3) The loan period of this contract is ________ months, starting from _____________ month _______ of ___________ year and ending on _____________ month _______ day of ___________ year. During the loan period stipulated in the contract, the monthly interest rate is _____ (_____ percent). Interest is settled monthly, and the monthly interest is incorporated into the principal of the next month and the interest is calculated (that is, compound interest is calculated).
(4) The borrower guarantees to repay the interest at the interest stipulated in this contract from _____________month_______day___________year to _____________month_______day___________year loan. If the borrower fails to repay the loan on time, interest will be calculated on the overdue portion at the monthly interest rate____.
(5) The guarantee method for the loan in this contract is _________ personal unlimited joint guarantee and counter guarantee________ (see the second guarantee clause).
(6) The borrower takes a mortgage, and the scope of the mortgage guarantee includes the main claim and its interest, liquidated damages, damages, costs of keeping the guaranteed property and realizing the security rights. If the borrower cannot repay the loan when it is due, the lender has the right to receive priority in repayment of the collateral.
(7) This contract shall take effect from the date of signing and shall be made in triplicate. Party A, Party B and Party C shall each hold one copy.
Article 2. Guarantee clauses
(1) The guarantee method of this contract is joint liability guarantee.
(2) The scope of the guarantee guaranteed by the guarantor:
1. The principal, interest (including compound interest) and penalty interest of the loan under this contract;
2. Liquidated damages, compensation, and compensation;
3. Fees paid to realize claims and pledges (including but not limited to attorney fees incurred by the defaulting party).
(3) The guarantee period of the guarantor's guarantee liability shall commence from the effective date of this contract until all debts of the borrower under this contract have been fully paid off.
(4) During the loan period, if the guarantor loses its qualification and ability to guarantee such as being declared bankrupt, being revoked in accordance with the law, disbanded, insolvent, etc., the guarantor shall notify Party B in a timely manner, and Party A shall provide New' guarantee.
(5) All the guarantor’s obligations under this contract are continuous and fully binding on its legal successors.
Article 3 Liability for breach of contract
1. The occurrence of one of the following circumstances shall constitute a breach of contract:
(1) Party A changes the purpose of the loan;
(2) Party A violates the provisions of this contract and fails to repay the principal and interest of the loan within the time limit or the agreed amount;
(3) The certificates, information and other documents provided by Party A are false or illegal;
(4) Party A dies, is declared dead, is declared missing, or loses capacity for civil conduct and has no heirs, legatees, property custodians, guardians, or his heirs, legatees, or property custodians. The custodian or guardian refuses to perform this contract;
(5) During the performance of the contract, the mortgagor disposes of the mortgaged property without authorization, or the mortgagor's behavior is enough to reduce the value of the mortgaged property, and Party B's request to restore it to its original state or provide guarantee is rejected. Rejection;
(6) During the performance of the contract, Party A interrupts or cancels the insurance required by Party B;
(7) The guarantor provides false financial reports or refuses Party B to conduct any review of its financial status Supervision and inspection;
(8) The guarantor violates the guarantee terms of this contract or loses the guarantee ability and Party A fails to provide guarantee that meets Party B’s requirements;
(9) Party A or the guarantor Other behaviors that may affect the repayment of Party B's loan.
2. When a breach of contract occurs, Party B has the right to take one or more of the following measures:
(1) Calculate and collect penalty interest and compound interest in accordance with the provisions of the People's Bank of China;
(2) Require Party A to immediately repay part or all of the loan in advance, or dispose of the mortgages and pledges under this contract through legal procedures to repay all the loan and interest, or require the guarantor to perform its guarantee obligations;
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(3) Other measures permitted by law.
Article 4 Resolution of Disputes
If a dispute occurs during the performance of this contract, the parties shall resolve it through negotiation. If the negotiation fails, the parties agree to resolve it by filing a lawsuit in the People's Court of the place where the contract is signed.
Lender (signature and seal): ______________ Borrower (signature and seal): ______________
___________year_________month_______day___________year_________month Company's loan contract to individuals on _______ (Selected Chapter 2)
Lender: ______________ ID number: ____________________________
Borrower: ______________ ID number: ____________________________
The two parties have reached the following agreement on the loan matter on the basis of equality, voluntariness and consensus through consultation, so that both parties can abide by it.
1. Purpose of borrowing
____________________________________.
2. Loan Amount
The borrower borrows RMB (lowercase) ______________ yuan from the lender. Capitalize __________________.
3. Borrowing interest
From the date the loan is disbursed, interest will be calculated based on the actual disbursement, and compound interest will be calculated. During the loan period stipulated in the contract, the monthly interest rate is ______________. If the borrower fails to repay the loan on time, an interest rate of ______________ will be charged on the overdue portion.
4. Borrowing Period The borrower guarantees to repay the interest at the interest stipulated in this contract from __________________ month _____ day of __________ year to _________ month _____ day __________ year loan. Interest is repaid monthly or a lump sum is paid when due. If the loan is overdue, the lender has the right to recover the loan within the time limit.
5. Changes in terms When the terms of the contract need to be changed due to changes in interest rates by the state, both parties shall sign a contract change document as an integral part of this contract.
6. Guarantee Terms
(1) If the loan is used by the borrower and cannot be returned to the lender when due, the lender has the right to dispose of the collateral. If the borrower repays the loan in full when due, the mortgage right is extinguished.
(2) The borrower must use the loan in accordance with the purposes specified in the loan contract and shall not use it for other purposes or use the loan to carry out illegal activities.
(3) The borrower must repay the principal and interest within the time limit stipulated in the contract.
(4) The borrower’s repayment guarantor (the guarantor’s signature and a copy of his or her ID card are required), current residential address: ______________ ID number: ______________ Contact number: ______________ I agree to be the borrower Party ______________ borrows (in capital letters) _______________ ten thousand yuan from the lender and provides a joint liability guarantee. If the borrower fails to perform the loan contract, I voluntarily repay all principal, interest and penalties owed by the borrower to the lender. The lender has the right to apply directly to the People's Court for enforcement.
7. Methods for resolving contract disputes
If the two parties cannot resolve the dispute through negotiation, they agree to submit it to the _______ District People’s Court (optional clauses must not violate regional jurisdiction and level jurisdiction, optional Plaintiff, defendant, subject matter, place of contract signing, place of performance of contract) legal effect. If there is no agreement in this contract, the relevant provisions of the Contract Law of the People's Republic of China shall be followed.
Lender (signature and seal): ______________ Borrower (signature and seal): ______________
___________year_________month_______day___________year_________month Company's loan contract to individuals on _______ (Selected Chapter 3)
Party A (borrower): _______________ ID number: _______________________________
Party B (lender): ______________ _ID card number: _______________________________
Party A and Party B have reached the following agreement on the basis of equality, voluntariness and consensus regarding the loan, so that both parties will abide by it.
Party B lends Party A RMB (in capital letters) ______________, which shall be delivered to Party A before _________month_______ of ___________ year.
Borrowing interest: __________________
Loan period: __________________
Repayment date: _________year________month_______day. Repayment method: cash ____________________ payment.
Liability for breach of contract:
1. Liability for breach of contract by the borrower
(1) If the borrower does not use the loan for the purpose specified in the contract, the lender has the right to take it back For part or all of the loan, penalty interest will be charged based on the interest rate specified by the bank for the portion used in default.
(2) If the borrower fails to repay the loan overdue, the lender has the right to recover the loan and pay daily interest____ from the maturity date.
(3) The borrower If the use of borrowed money causes losses and waste or uses the loan contract to conduct illegal activities, the lender should recover the principal and interest of the loan, and the relevant units should hold those directly responsible for administrative and economic responsibility. If the circumstances are serious, criminal liability shall be investigated by the judicial organs.
2. Lender’s liability for breach of contract
(1) If the lender fails to provide the loan on time, it shall pay the borrower liquidated damages based on the default amount and the number of days of extension. The calculation of the amount of liquidated damages is the same as the calculation of the penalty interest charged to the borrower.
(2) Anyone who uses a loan contract to conduct illegal activities will be held accountable administratively and economically. If the circumstances are serious, criminal liability shall be investigated by the judicial organs.
Dispute resolution method: Both parties shall negotiate to resolve the dispute. If the dispute cannot be resolved, it shall be submitted to the People's Court of __________.
This contract takes effect from ______. This contract is made in two copies, with each party holding one copy. The text of the contract has the same legal effect.
Lender (signature and seal): ______________ Borrower (signature and seal): ______________
___________year_________month_______day___________year_________month Company's loan contract to individuals on _______ (Selected Chapter 4)
Party A (borrower):
ID number:
Party B (loan Person):
Identity card number:
Party A and Party B have reached the following agreement on the basis of equality, voluntariness and consensus on the borrowing matter, so that both parties will abide by it.
(1) Party B lends RMB (in capital letters) to Party A and delivers it to Party A before.
(2) Loan interest_________________________
(3) Loan period:
(4) Repayment date and method:
(5) Liability for breach of contract:
(6) Dispute resolution method:
If the two parties fail to resolve the issue through negotiation, they agree to submit it to the District People’s Court (optional clauses must not violate regional jurisdiction and hierarchical jurisdiction) , you can choose the plaintiff, the defendant, the subject matter, the place where the contract was signed, and the place where the contract was performed)
This contract will take effect from now on. This contract is made in two copies, with each party holding one copy. The text of the contract has the same legal effect.
Party A (signature, seal): Party B (signature, seal):
Contract signing date Contract signing date Company’s loan contract to individuals (Selected Chapter 5)
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Party A (borrower): (ID number: Party B (borrower): (ID number: )
Joint and several liability guarantor:
ID card Number:
Party A and Party B and the joint and several liability guarantors have reached the following agreement on a fair and voluntary basis:
1. Party A is willing to lend Party B RMB 50,000 (¥: 50,000.00 yuan). The loan period is 12 months, from May 7, 2019 to May 6, 2019. When this contract is signed, Party A will pay Party B, and Party B promises not to borrow money to engage in illegal activities.
2. The monthly interest rate is 20 ‰. Party B shall pay off the interest every three months without default. Party B guarantees to repay the loan on time. If Party B cannot repay the loan on time, Party B shall bear Party A's travel expenses, legal fees, and litigation to recover the loan. Fees, etc.
3. Party A can freely transfer the creditor's rights under this contract to others, and Party B shall not object. The order in which Party B repays the loan shall be interest first and then principal. 4. Party B shall find three jointly and severally liable guarantors to ensure the performance of this contract. The jointly and severally liable guarantors are willing to be jointly and severally liable with Party B to return the principal, interest, and recover travel expenses, attorney fees, litigation fees, etc. for the loan, and to waive the defense of first action.
5. The signing of this contract by Party A and Party B and the joint and several guarantor indicates that they fully understand and agree to all the terms of this contract.
Party A: Party B:
Joint and several liability guarantor: Date of signing the contract: May 2, 2020
IOU
I borrowed RMB 40,000 from Ma Xiangming today, RMB: 50,000.00, with a monthly interest rate of twenty thousandths (20)‰, and a loan period of 12 months, from May 7, 2020 to x, month x, 20x.
Borrower ID number: Borrower: Jointly responsible guarantor:
Borrowing date: x month x day, 2__