In the loan contract, the lender shall not take advantage of its dominant position to deduct interest from the principal in advance. The following is the digital format of the loan contract I compiled. Let's have a look!
Loan ContractNo. Format ContractNo.: _ _ _ _
Mortgagor of the loan: _ _ _ _ _ _, hereinafter referred to as Party A;
Mortgagee of the loan: _ _ _ _ _, hereinafter referred to as Party B.
Party A applies for a loan from Party B on _ _ _ _ _ _. Both parties agree through negotiation that Party B will provide Party A with the loan amount agreed by both parties under the condition that Party A takes all _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A's collateral) as the loan collateral. During the loan term, Party A has the right to use the collateral, and Party B enjoys the ownership of the collateral before Party A pays off the loan principal and interest. Therefore, this contract is specially concluded:
Article 1 loan content
1. Total loan amount: _ _ _ _ yuan only.
2. loan purpose: this loan can only be used for the needs of _ _ _ _ _ _
3. Loan term: Under the above total loan amount, the loan can be audited by stages. Therefore, the amount and duration of each loan should be agreed by both parties. From the beginning of the second loan, there must be a new mortgage loan contract signed and sealed by both parties and their legal representatives, one of which should be sent to the _ _ _ _ _ Notary Office. The term of the first loan is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Loan interest rate: The loan interest rate and interest-bearing method shall be implemented in accordance with the regulations of Bank of China.
5. Loan withdrawal: Whether each loan is withdrawn in one lump sum or in installments shall be decided by both parties through consultation. Party A shall notify Party B _ _ _ _ _ days in advance of each withdrawal, and it can only be used after being examined and approved by Party B's credit department. The first loan is drawn on _ _ _ _ _ _
6. Loan repayment: Party A guarantees to repay the principal and interest on schedule on its own initiative within the loan period agreed in each contract. The source of funds for Party A to repay the loan is the company's production and operation and other income. If Party A requests to repay the loan from other sources, it must be approved by Party B. The final repayment date of the first loan is _ _ _ _ _ _ _.
7. If Party B agrees with Party A to postpone repayment of the loan, this contract will remain valid. ..
Article 2 Guarantees
1. Name of collateral: _ _ _ _ _.
2. Manufacturer: _ _ _ _.
3. Model: _ _ _ _.
4. Number of pieces: _ _ _ _.
5. Single piece: _ _ _ _.
6. Location: _ _ _ _.
7. Total amount of collateral invoice: _ _ _ _ _.
8. Mortgage term: _ _ _ _ years (or: from the effective date of this loan contract until Party A pays off all the loan principal and interest related to this contract).
Article 3 Obligations of both parties
Obligations of Party B:
1. The mortgage deed certificate submitted by Party A shall be properly kept and shall not be lost or damaged.
2. After Party A pays off the loan when it is due, it shall hand over all the ownership certificates of the collateral to Party A..
Obligations of Party A:
1. Take the initiative to repay the principal and interest in strict accordance with the time agreed in the contract.
2. Ensure that the collateral is not affected by Party A's bankruptcy, asset division and transfer during the mortgage period. If Party B finds that Party A's collateral violates this clause, Party B shall notify Party A to immediately correct or terminate the loan under this contract and recover all the loan principal and interest.
3. Party A shall reasonably use _ _ _ _ _ _ as collateral, and be responsible for the operation, repair and maintenance of the collateral, as well as related taxes and other expenses.
4. If the collateral is damaged intentionally or negligently, Party A shall provide Party B with new collateral within 65,438+05 days. If Party A fails to provide new collateral or guarantee, Party B has the right to reduce the loan amount accordingly, or terminate this contract and recover the loan principal and interest.
5. Without the consent of Party B, Party A shall not lease, sell, transfer, remortgage or otherwise dispose of the collateral.
6. The collateral shall be insured by Party A with China People's Insurance Company _ _ _ _ _ _ branch, with Party B as the beneficiary, and the insurance policy shall be kept by Party B, and the insurance premium shall be borne by Party A. If the insured collateral suffers losses due to force majeure, Party B has the right to recover the loan principal and interest that the mortgagor should repay from the compensation of the insurance company.
Article 4 Liability for breach of contract
1. If Party B fails to pay the loan as agreed in the contract due to its own responsibility, thus causing economic losses to Party A, Party B shall be liable for breach of contract.
2. If Party A fails to use the loan as agreed in the loan contract, once it is discovered, Party B has the right to recover part or all of the loan in advance, and impose a penalty interest of _ _ _ _% on the misappropriated loan at the original loan interest rate.
3. If Party A fails to repay the interest and principal on schedule, or commits other breach of contract, Party B has the right to stop the loan and ask Party A to repay the loan principal and interest in advance. Party B has the right to deduct it from the account opened by Party A in any bank, and add _ _ _ _ _ _% interest to the overdue loan according to the loan interest rate from the overdue date.
4. If Party A fails to repay the principal and interest on schedule, Party B may also apply to the people's court with jurisdiction to auction the collateral to offset the principal and interest of the loan. If the compensation is insufficient, Party B still has the right to recover from Party A until Party A pays off all the principal and interest of Party B's loan. ..
Article 5 Other provisions
1. Under any of the following circumstances, Party B has the right to stop issuing loans and immediately recover the loans already issued.
(1) The information, statements and materials provided by Party A to Party B are untrue.
(2) After Party A filed a lawsuit with a third party, the court ruled that it lost the case and paid compensation, it was unable to pay the loan principal and interest to Party B..
(3) The total assets of Party A are insufficient to pay its total liabilities.
(4) The guarantor of Party A violates or loses the conditions stipulated in this contract.
2. Party B has the right to inspect and supervise the use of the loan, and Party A shall provide relevant statements and materials to Party B. ..
3. If either party requests to change this contract or a clause of this contract, it shall notify the other party in writing in advance, and the clauses of this contract will remain valid until both parties reach an agreement.
4. The written materials related to this contract, such as loan application, loan voucher, payment and repayment plan, provided by Party A, are all integral parts of this contract and have the same legal effect as this contract.
Article 6 The expenses related to this contract shall be borne by the contractor.
All expenses related to mortgage estimation, registration, certification, etc. It shall be undertaken by Party A in the form of standard loan contract.
Article 7 Conditions for the entry into force of this Contract
This contract is a creditor's right document notarized by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..
Article 8 Settlement of disputes
In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, both parties can choose:
1. Apply to the economic contract arbitration institution for arbitration;
2. Bring a lawsuit to the people's court
polymerization effect
This contract is made in triplicate, one for each party and one for the notary office.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _
Representative (signature): _ _ _ _ Representative (signature): _ _ _
Address: _ _ _ _ Address: _ _ _ _ Address
Bank of deposit: _ _ _ _ Bank of deposit: _ _ _ _
Account number: _ _ _ _ Account number: _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ Signing place: _ _ _ _
Attachment: Extended Reading ContractNo.: XX Borrowed Words No.
Borrow together, borrow together.
Lender (creditor/mortgagee/pledgee): ID number: _ Borrower (debtor): _ ID number/organization code certificate: guarantor: Henan XX Investment Guarantee Co., Ltd.
In accordance with relevant laws and regulations, all parties to this contract, on the basis of equality and voluntariness, hereby sign this contract and promise to abide by it jointly in order to clarify their responsibilities and abide by their credit.
First, borrow money
Article 1 Loan amount: The lender provides loans of RMB (in words) only and RMB (in figures) only to the borrower.
Article 2 Purpose of loan: The borrower borrows money for. The borrower shall use the loan legally according to the agreement in this contract, and shall not use the loan for other purposes. The guarantor has the right to supervise the use of the loan.
Article 3 The term of the loan under this contract shall be from the date of the month to the date of the month. The loan interest rate is% per month, and the interest will be calculated from the date when the lender actually delivers the loan to the date when the principal is settled.
Article 4 Repayment method: The borrower pays interest (monthly, quarterly and lump sum) and returns the principal on the maturity date of the loan. The Borrower shall use the following accounts as repayment accounts:
Account name:
Bank of deposit:
Account number:
Article 5 The guarantor accepts the full consultation and follow-up service of the lender and the borrower on the loan behavior, and both the lender and the borrower shall obey the guarantor's follow-up management on the whole loan process and post-loan performance, and deliver the loan, handle repayment settlement and release the mortgage under the witness of the guarantor. When handling the settlement, the borrower must carry the repayment voucher and the performance bond receipt, and the lender must hold the ID card, bank statement and mortgage registration certificate issued by the mortgage registration department, otherwise the guarantor has the right not to handle it.
Second, the warranty clause.
(1) Guarantee certificate
Article 6 Guarantor I and Guarantor II voluntarily provide joint and several liability guarantee for the loan under this contract with all their properties (including but not limited to fixed assets, current assets, intangible assets such as property rights, distribution rights or management rights in intellectual property rights). ). The scope of guarantee includes: principal of principal creditor's rights, interest, penalty interest, liquidated damages, damages, other related expenses, expenses for realizing creditor's rights, etc. The guarantee period is two years from the expiration of the loan term under this contract.
Article 7 During the loan period, the Borrower and the Guarantor I voluntarily provide the original proof of ownership or right to use the relevant property or rights recognized by the Creditor and the Guarantor II, and other valid documents and related materials, and entrust the Guarantor II to keep them.
Article 8 If the debtor fails to repay the loan principal, interest, penalty interest, liquidated damages and damages in full and on time as agreed in this contract, Guarantor II shall perform the guarantee obligations to the creditor as the first payee. Guarantor II has the right to claim compensation from the debtor, mortgagor, pledgor and guarantor in any way according to law after being compensated. Guarantor 1 and Guarantor 2 have agreed on the share of guarantee responsibility: Guarantor 1 shall bear all the share of guarantee responsibility.
② Mortgage loan
Article 9 The Mortgagor voluntarily provides the collateral recognized by the Mortgagee and Guarantor II to guarantee the loan of the Borrower under this Contract. For more information, please refer to the list of promotional materials. As an annex to this contract, the list of collateral has the same legal effect as this contract. The scope of this mortgage guarantee includes: loan principal, interest, penalty interest, liquidated damages, damages, expenses (including but not limited to attorney's fees, litigation fees and execution fees) and other related expenses incurred by the mortgagee to realize the creditor's rights and mortgage rights under the loan contract. The mortgage guarantee period is two years from the expiration of the loan term under this contract.
Article 10 After the signing of this contract, the mortgagee and the mortgagor shall go through the mortgage registration formalities at the relevant registration authority in time under the witness of Guarantor II, and the mortgage registration documents shall be kept by the mortgagee or Guarantor II before the loan is fully settled. If the registered items of mortgage change and need to be registered according to law, the mortgagee or mortgagor shall go through the registration formalities under the witness of Guarantor II.
(3) Pledge
Article 11 The pledger voluntarily provides pledge guarantee to the pledgee for the borrower's debts under this contract. See the list of pledgees for details. As an annex to this contract, the pledge list has the same legal effect as this contract. The agreement on the value of pledged property in the list of pledgees does not serve as the basis for the pledgee to evaluate the pledged property, and does not constitute any restriction on the pledgee's exercise of pledge. The validity of the pledge extends to the fruits of the pledged property, as well as the insurance premium, compensation, compensation or other forms of substitutes arising from the damage, loss or requisition of the pledged property.
Article 12 The scope of pledge guarantee includes: all loan principal, interest, penalty interest, liquidated damages, compensation, expenses for the borrower to realize creditor's rights and all other expenses payable by the borrower under this contract.
Article 13 Delivery and Registration
13.65438+
13.2. If the pledge under this contract needs to be registered according to law, the pledgor and pledgee shall go through the pledge registration formalities at the relevant registration authority in time. If the registered items change and need to be registered according to law, the pledgor and pledgee shall handle the change registration in time. After the borrower performs its obligations in accordance with the contract, the pledgee shall actively assist the pledgor to handle the cancellation of registration and return the relevant ownership documents to the pledgor. In case of non-performance, it shall bear the penalty of 5% of the loan target of this contract.
Article 14 Disposal of pledged property
14. 1. Under any of the following circumstances, the pledgee has the right to negotiate with the pledgor to auction, sell, realize or withdraw the pledged property, and give priority to the compensation with the proceeds or deal with it in other ways agreed in Article 17.4, or use the pledged property at a discount to offset the debts owed by the borrower:
(1) The borrower fails to pay off the loan when it is due (including being declared to be early due).
(2) Under the circumstances mentioned in Article 17.4, the pledger or the borrower fails to supplement the value of the pledged property as required by the pledgee.
(3) The pledgee and the pledger agree to realize or withdraw the pledged property to repay the debts due.
(4) Other circumstances in which the pledgee may dispose of the pledged property according to law.
14.2. If the redemption or withdrawal date of the pledged property is earlier than the debt maturity date, the pledgee may redeem or withdraw the money on the pledged property maturity date, and negotiate with the pledgor to pay off the secured creditor's rights in advance or deposit the money into the account designated by the pledgee to ensure the realization of the pledge right.
14.3. If the date of redemption or withdrawal of the pledged property is later than the expiration date of the debt performance period, and the borrower fails to pay off the debt within 30 days after the expiration of the debt performance period, the pledgee has the right to redeem or withdraw the pledged property in advance, and pay off the secured creditor's rights with the proceeds, and the losses caused by early redemption or withdrawal shall be borne by the pledger. If the pledged property expires within 30 days after the borrower's debt expires, the pledgee shall dispose of the pledged property in the manner agreed in Article 17.5 on the maturity date of the pledged property.
14.4. If the proceeds from the disposal of the pledged property remain after paying all the responsibilities within the scope of the pledge guarantee, the pledgee shall return the remaining part to the pledgor in time.
Third, the right to benefit and justice.
Article 15 Rights and obligations of the lender
15. 1. The lender guarantees that the source of the money it lends is legal.
15.2. After the mortgage registration and other loan-related procedures are completed, the Lender shall deliver the loan to the Borrower within three working days under the witness of Guarantor II.
15.3. The Lender has the right to investigate the legality and authenticity of the information and documents submitted by the Borrower, the Guarantor I, the Mortgagor and the Pledger.
15.4. During the performance of this contract, the Lender has the right to recover all the loan principal and interest in advance or terminate this contract under any of the following circumstances or upon receipt of a written risk warning from Guarantor II:
(1) The Borrower and the Guarantor I. The Mortgagor and the Pledger breach the contract.
(2) The Borrower, the Guarantor I, the Mortgagor and the Pledger bear large debts or are involved in or about to be involved in major litigation or arbitration procedures and other legal disputes, which is enough to affect their solvency.
(3) The Borrower fails to repay the due interest or principal on time or in full in any period, and indicates that the subsequent periods will be unable to perform the contractual obligations.
(4) During the performance of this Contract, the Lender believes that the Borrower, the Guarantor I, the Mortgagor and the Pledger have other circumstances that may affect the continued performance of this Contract.
15.5. If the borrower fails to repay the principal and interest of the loan as agreed in the contract, the lender has the right to require Guarantor II to fulfill the guarantee obligation as the first compensation.
15.6. If the borrower settles the loan according to the loan contract and there is no breach of contract, the lender is obliged to cooperate with the borrower, guarantor I, mortgagor, pledger and guarantor II to go through relevant procedures such as settlement and cancellation of mortgage registration within three working days after the loan is settled.
15.7. The Lender cooperates with Guarantor II to supervise and manage the borrower's loan usage.
Article 16 Rights and obligations of the borrower
16. 1. The borrower shall provide relevant documents and materials as required by the Lender and Guarantor II, and guarantee the authenticity and legality of the documents and materials provided. If the borrower's domicile, contact information, work unit and other matters change, it must notify the lender and guarantor in writing within three days after the change. If the borrower wants to transfer the equity of the company invested by it or change the articles of association, it must obtain the written consent of Guarantor II, otherwise it will be deemed invalid.
16.2. The borrower shall use the loan legally according to the agreement in this contract, and shall not use it for illegal activities or for purchasing stocks and other venture capital, nor shall it be used as the registered capital of economic entities.
16.3. When applying for a loan, the borrower shall truthfully report the guarantee provided to the third party to Guarantor II according to the requirements of Guarantor II. Before the loan principal and interest under this contract are fully paid off, no guarantee shall be provided to any third party without the written consent of Guarantor II.
16.4. The borrower shall pay the loan principal and interest in full and on time.
16.5. The parties to the contract shall go through notarization, registration and other formalities in time after signing the contract, and the borrower shall pay the required fees. Before the lender delivers the loan to the borrower, the borrower must pay the relevant service fee and performance bond to Guarantor II.
16.6. The borrower must obey the post-loan management and risk monitoring of Guarantor II. In case of violation of the Loan Contract and other signed related contracts, the Borrower shall pay the Lender and the Guarantor the penalty interest, collection management fee, travel expenses, liquidated damages and damages and other related expenses.
16.7. During the loan term, the borrower has the right to use the loan legally according to the agreement in this contract, and no other party may interfere.
Article 17 Rights and obligations of mortgagor
17. 1. During the mortgage period, the mortgagor shall properly keep and use the collateral, ensure the integrity of the collateral, and accept the inspection of the use and management of the collateral by the mortgagee and the guarantor at any time.
17.2. Without the written consent of the Mortgagee and the Guarantor, the Mortgagor shall not establish any other guarantee on the collateral, nor shall he give, transfer, sell, lease or dispose of the collateral in any other way.
17.3. The Mortgagor shall promptly notify the Mortgagee and Guarantor II of any event or behavior that may affect the value of the collateral (including but not limited to any seizure, seizure, litigation, arbitration, demolition or other controversial events involving the collateral). If the value of collateral decreases due to the fault of the Mortgagor or any other reasons, the Mortgagor shall immediately take measures to prevent the loss from expanding, and provide the Mortgagee and Guarantor II with a guarantee equivalent to the reduced value recognized by the Mortgagee and Guarantor II within 15 days, or settle all the loan principal and interest in advance.
17.4. If the collateral is damaged, lost or possibly reduced in value for other reasons, which is enough to affect the repayment of the loan principal and interest under this contract, the mortgagor shall promptly notify the mortgagee and Guarantor II, and provide a guarantee equivalent to the reduced value recognized by the mortgagee and Guarantor II, or restore the collateral value or pay off the loan principal and interest in advance.
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