1. The legal full names of the borrower and the lender should be clearly written;
2. The loan amount should be clearly written, including the amount in words and figures;
3. The time limit of the loan should be clearly written, including the start and end date of the loan and a clear loan period;
4. Write down the specific date of repayment
5. Write down the loan interest, with clear annual interest rate or monthly interest rate, and the final total loan interest payable (including the amount in words and figures);
6. The date, month, day, time and payment method of repayment of loan principal and interest shall be clearly written;
7. There should be the borrower's personal signature, handprint or handwritten signature.
IOUs need to have the following contents to be protected by law:
1. It is better for IOUs to be handwritten by borrowers, but attention should be paid to writing norms. The printed IOU has the same legal effect, but it is easy to forge;
2. The borrower's signature shall be printed by hand. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan;
3. The date of the loan should be clearly written, preferably accurate to the day, and the repayment date can be agreed in the debit note. If the repayment date is not agreed, the borrower can claim to return it at any time, and if the repayment date is agreed, it can only be requested when the repayment date expires. If the repayment date fails to be returned, the lender shall file a lawsuit within three years, and may lose the right to win the lawsuit after the deadline;
4. The loan amount should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be written clearly;
5. The payment shall be delivered by bank transfer as far as possible, and the account number and transfer date of the other party can be specified in the debit note. For transfer, you can note the purpose of the loan. If the amount is small, it should be indicated in the debit note that both parties' loans are delivered in cash. Either way, the borrower is required to write a receipt for the money received separately. The IOU can only prove that there is a loan contract relationship between the two parties, which is not enough to prove that the borrower has fulfilled the obligation to pay the money;
6. If the borrower is married, it is better to obtain the signature of the spouse, which is more secure for the creditor, so as to avoid that one party refuses to undertake the repayment obligation or enforce it in court on the grounds of ignorance, and one party transfers the property to the spouse, resulting in inability to repay;
7. After the IOU is issued, a copy of the borrower's autographed ID card and a copy of the marriage certificate shall be collected at the same time;
8. If the amount is large, you can ask a lawyer or a third party to witness it and sign it.
how to write folk IOUs legally?
A qualified IOU needs to include the following information:
1. Title: indicates the nature of the instrument.
2. Basic information of both parties
such as citizenship number (photocopied as attachment) and home address. Collecting such information will help to bring a lawsuit in case of disputes in the future. In addition, if the borrower has a spouse, it is advisable to attach the spouse information to avoid disputes about whether the loan is an individual loan in the future.
3. Reasons and uses of the loan
Qualified IOUs should explain the reasons and uses of the loan, indicating that the purpose of the loan can not only avoid the unwarranted defense that the debtor puts forward in future lawsuits that the loan is gambling debts, but also further ensure the safety of the loan in cooperation with the breach clause. Once the borrower violates the purpose of the loan, the lender can ask the borrower to repay the loan immediately and bear the liability for breach of contract.
4. The amount and currency of the loan
In practice, the amount recorded in the IOUs is often maliciously tampered with, which leads to the undue losses of the parties. It is suggested that the loan amount should be written in Arabic numerals+capital figures, and the currency should be indicated.
5. Ways of lending
IOUs are only one of the necessary evidences to confirm the establishment of the legal relationship of private lending. When trying this type of cases, the court often needs to find out the way of lending in addition to examining IOUs. Although small loans can be made in cash, they need to be indicated in the IOUs, and large loans must be made by bank transfer to avoid disputes. However, it is suggested that whether it is a small loan or a large loan, it is appropriate to use bank transfer, and note "providing loans" on the transfer voucher.
6. Loan interest rate
The loan interest rate should be clearly defined as the annual interest rate or the monthly interest rate, and Arabic numerals+capital figures are also used. In addition, the agreement on interest rate in most folk IOUs is mostly in the form of "a few cents per month". In order to avoid disputes, it is suggested that the form of "annual/monthly percentage" is the best. It should be noted that both parties should refer to relevant laws and judicial interpretations when agreeing on the interest rate, so as to avoid the interest rate being too high to be protected by law.
7. Guarantee
If the loan is guaranteed, the number of the guarantee contract shall be stated in the loan slip, which shall be regarded as one of the annexes, and the guarantor shall sign the loan slip.
8. Liability for breach of contract
Write down the liability for breach of contract. When the other party breaches the contract, you can strive for the maximum benefit for yourself according to the agreement. It is suggested that the liability for breach of contract should include: the principal interest rate that has not been repaid at maturity, the interest rate that has not been repaid at maturity, and the liquidated damages when the borrower violates the purpose of borrowing.
9. Date of receipt
The date of receipt is indicated at the end of the receipt and should be capitalized.
1. Signature
I must sign the loan! Do not sign on behalf of! If there is a spouse, it is appropriate for the spouse to sign the same.
11. Other
In case of alteration, the borrower is required to hold back at the altered place.
writing method of IOUs protected by law: (1) The writer of IOUs must be written by the borrower, not the lender. (2) The IOUs should be as concise and clear as possible, and don't use ambiguous language. (3) Don't write the reasons for the IOUs. (4) Attach the ID numbers of the borrower and lender as far as possible. (5) The IOU itself must be a complete piece of paper, not torn or cut paper.
Legal basis:
Article 667 of the Civil Code of the People's Republic of China
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
article 668 a loan contract shall be in written form, unless it is otherwise agreed between natural persons to borrow money.
the contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
article 669 when concluding a loan contract, the borrower shall provide the true information about the business activities and financial status related to the loan as required by the lender.