Loan contracts generally have the following important clauses:
1. Use of the loan
The borrower shall use the loan for the agreed purpose and shall not use it for illegal purposes. The purpose of the loan agreed in the loan contract shall not violate the provisions of the state on restricting operation, franchising and prohibiting operation by laws and administrative regulations.
Clarifying this clause can protect the borrower's right to use funds; For lenders, it can monitor the flow of funds, ensure the return of funds and control risks.
Reasons for restricting the use of the loan: First, if the borrower uses the loan for illegal purposes and violates the prohibitive norms of national laws and administrative regulations, the loan contract is invalid. Even if the lender is not aware of this illegal use when using the loan, once the lender knows this illegal use, it must stop the borrower from continuing to withdraw money. Secondly, restricting the use of loans is to ensure the source of repayment funds. If the loan is not used according to the agreed purpose, the borrower may lose the repayment ability due to improper operation. Furthermore, the internal operating principles of lending banks may have restrictions on the industries or departments that issue loans, and sometimes there are similar provisions in * * * rules and regulations. Finally, restricting the use of loans may also be because it involves the interests of third parties. For example, in export credit projects, the use of loans is limited to specific payment targets.
The General Rules for Loans also stipulates the following restrictions on the use of loans:
(1) The borrower shall not use the loan to engage in equity investment, unless otherwise stipulated by the state;
(2) The borrower shall not use the loan to engage in securities and futures speculation;
(three) except for borrowers who have obtained real estate qualifications according to law, they shall not use loans to operate real estate business; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation;
(4) The borrower shall not borrow loans to obtain illegal income.
2. Currency and amount of the loan
The currency and quantity of the loan refers to the quantity clause in the loan contract, which is the specific currency and quantity provided by the lender to the borrower. This is the main basis for calculating loan interest.
There are complex legal problems in the composition of loan price of foreign currency loans, which lawyers should be familiar with, but they do not belong to the scope of discussion in this guide.
3. Loan type
According to different lenders, it can be divided into self-operated loans, entrusted loans and specific loans.
(1) Self-operated loans refer to loans independently issued by the lender with funds raised by legal means, with risks borne by the lender and principal and interest recovered by the lender.
(2) Entrusted loan refers to the loan that the lender issues, supervises the use and assists to recover on behalf of the principal according to the loan object, purpose, amount, term and interest rate determined by the principal. The lender (trustee) only charges the handling fee and does not bear the loan risk.
(3) Special loans refer to loans granted by wholly state-owned commercial banks after taking corresponding remedial measures for possible losses caused by loans with the approval of the State Council. Wholly state-owned banks refer to China Industrial and Commercial Bank, China Agricultural Bank, China Bank and China Construction Bank.
According to the different repayment periods, it can be divided into short-term loans, medium-term loans and long-term loans.
(1) Short-term loans refer to loans with a loan term of 1 year (inclusive). Short-term loans are flexible, with short term, strong liquidity, quick turnover and large demand. Judging from the specific practices of financial institutions, there are mainly six months and 1 year. Short-term loans are one of the most important businesses of financial institutions.
(2) Medium-term loans refer to loans with a loan term of more than 1 year (excluding 1 year) to less than 5 years (including 5 years).
(3) Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).
According to the security of the loan, it can be divided into credit loan, secured loan and bill discount.
(1) The so-called credit loan means that the borrower can withdraw the loan from the bank completely based on his own credit without providing collateral.
(2) The secured loan refers to the loan that is subordinated to the loan contract by the secured contract, including secured loan, mortgage loan and pledge loan. Guaranteed loan refers to the loan issued by a third party in the form of guarantee as stipulated in the Guarantee Law, which promises that the borrower will bear the general guarantee liability or joint liability according to the agreement when the loan cannot be repaid. Mortgage loan refers to the loan issued by the borrower or the third party's property as collateral according to the mortgage method stipulated in the Guarantee Law. Pledged loan refers to the loan that is issued with the movable property or rights of the borrower or the third party as the pledge according to the pledge method stipulated in the Guarantee Law.
(3) Bill discount refers to the loan issued by the lender in the form of purchasing the borrower's unexpired commercial paper.
The classification of the above loans is cross ... >>
Question 2: What subjects does the meaning of creditor's rights in accounting include? 1. Creditor's right is the judicial right to demand certain actions (actions or omissions) from others. Belonging to the principle of relativity of rights and obligations, it is a debt relative to creditors, that is, it must be a judicial obligation for a certain act (action or omission). Therefore, the debt relationship is essentially a judicial relationship of creditor's rights and debts, and neither creditor's rights nor debts can exist alone, otherwise it will lose its meaning. Different from real right, creditor's right is a typical relative right, which only takes effect between creditor and debtor. In principle, the debt relationship between the creditor and the debtor cannot confront the third party.
Creditor's right is an out-and-out legal term, which is transmitted from foreign countries and has a different meaning from what we usually understand. Its legal definition is that "creditor's right" is the right of one party to ask the other party to do or not do something. Generally speaking, creditor's rights are the right to ask others to do something or not to do something. The party making the request is the "creditor" and the party being requested is the "debtor". What needs to be emphasized is that there is a difference between the creditor's rights mentioned here and the debts we often say. Debt only refers to the money owed, which is called paying off debts. If you have a creditor's right to someone, this creditor's right can be not only the money owed to you by others, but also your house, the labor provided by others, and even the apology made by others, so you have the right to ask them to do these things. Thus, the meaning of creditor's rights includes the meaning of debt.
2. Creditor's rights: accounts receivable, bills receivable, dividends receivable, interest receivable, other receivables and prepayments.
Question 3: What accounting subjects do creditor's rights and debts include? Creditor's rights: accounts receivable, notes receivable, dividends receivable, interest receivable, other receivables and prepayments.
Liabilities: short-term loans, long-term loans, notes payable, accounts payable, employee salaries payable, interest payable, taxes payable and bonds payable.
Performance, accounts payable, accounts received in advance, etc.
Question 4: What items does short-term creditor's rights include? Short-term liabilities, also known as current liabilities, refer to debts that will be repaid in 1 year (including 1 year) or in a business cycle exceeding 1 year, including short-term loans, notes payable, accounts payable, accounts receivable in advance, wages payable, welfare payable, dividend payable, taxes payable and others.
Creditor's right is a civil right to demand some behavior (action or omission) of others. Based on the principle of relativity of rights and obligations, it is a debt relative to creditors, that is, it must be an obligation in civil law for a certain behavior (action or omission). Therefore, the debt relationship is essentially a creditor-debtor relationship in civil law, and neither creditor's rights nor debt can exist separately.
Question 5: What are the subjects of creditor's rights and debts? Creditor's rights and debts: accounts receivable, notes receivable, dividends receivable, interest receivable, other receivables, and accounts receivable in advance: short-term loans, long-term loans, notes payable, accounts payable, employee salaries payable, interest payable, taxes payable, bonds payable, other payables, accounts receivable in advance, and check the original post >>
Question 6: What is ownership? What is creditor's rights? Ownership is the right of the owner to possess, use, benefit and dispose of his property according to law. It is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right in real right, which has the characteristics of absoluteness, exclusiveness and continuity. The specific content includes four rights: possession, use, income and disposal. The difference between property right and ownership is that property right is a big concept and property right includes ownership. Real estate ownership is only one of the main types of real estate right.
Creditor's right is a typical relative right, which only takes effect between creditor and debtor. In principle, the debt relationship between the creditor and the debtor cannot confront the third party.
Question 7: What is contingent creditor's rights? Should be contingent liabilities. There is no contingent creditor's right. Contingent liabilities refer to potential obligations formed by past transactions or events, and their existence must be confirmed by the occurrence or non-occurrence of uncertain events in the future; Or the present obligation formed by past transactions or events, the performance of which is likely not to lead to the outflow of economic benefits from the enterprise or the amount of the obligation cannot be reliably measured. Contingent liability refers to the debt whose final result is still uncertain at present, depending on whether something happens or not. It is caused by some agreement, promise or situation in the past, and the result is still difficult to determine. It may be the real debt that the enterprise is responsible for repaying, or it may not constitute the debt of the enterprise. Therefore, contingent liability is only a potential liability, not the real liability of the enterprise at present.
Question 8: What subjects do creditor's rights and debts refer to? Liabilities: short-term loans, notes payable, accounts payable, wages payable, welfare payable, dividend payable, mutual taxes payable, other payables, long-term loans, bonds payable and long-term payables. Deposits received
Interest payable.
Question 9: What is the difference between bonds and creditor's rights? Let me try to say it.
Bond is an economic concept, which is similar to stocks and national debt. The focus of bonds is bonds, just like buying stocks. You can buy 500 shares or you can buy hundreds of shares.
Creditor's right is a legal concept. For example, if you look at the definition of creditor's rights, debt is a specific relationship of rights and obligations between the parties according to the contract or the law. Creditors are creditors and debtors are debtors. I borrow money from you. I am a debtor and you are a creditor. I have the obligation to pay my debts, and you have the right to let me pay them.
But if you look at bonds, such as stocks, and you buy shares of a company, you have no right to ask the company to repay or do anything, you only have the right to trade these shares.
So the difference between these two things is still very big.
Question 10: What is contingent creditor's rights? The main contents of the loan contract
Loan contracts generally have the following important clauses:
1. Use of the loan
The borrower shall use the loan for the agreed purpose and shall not use it for illegal purposes. The purpose of the loan agreed in the loan contract shall not violate the provisions of the state on restricting operation, franchising and prohibiting operation by laws and administrative regulations.
Clarifying this clause can protect the borrower's right to use funds; For lenders, it can monitor the flow of funds, ensure the return of funds and control risks.
Reasons for restricting the use of the loan: First, if the borrower uses the loan for illegal purposes and violates the prohibitive norms of national laws and administrative regulations, the loan contract is invalid. Even if the lender is not aware of this illegal use when using the loan, once the lender knows this illegal use, it must stop the borrower from continuing to withdraw money. Secondly, restricting the use of loans is to ensure the source of repayment funds. If the loan is not used according to the agreed purpose, the borrower may lose the repayment ability due to improper operation. Furthermore, the internal operating principles of lending banks may have restrictions on the industries or departments that issue loans, and sometimes there are similar provisions in * * * rules and regulations. Finally, restricting the use of loans may also be because it involves the interests of third parties. For example, in export credit projects, the use of loans is limited to specific payment targets.
The General Rules for Loans also stipulates the following restrictions on the use of loans:
(1) The borrower shall not use the loan to engage in equity investment, unless otherwise stipulated by the state;
(2) The borrower shall not use the loan to engage in securities and futures speculation;
(three) except for borrowers who have obtained real estate qualifications according to law, they shall not use loans to operate real estate business; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation;
(4) The borrower shall not borrow loans to obtain illegal income.
2. Currency and amount of the loan
The currency and quantity of the loan refers to the quantity clause in the loan contract, which is the specific currency and quantity provided by the lender to the borrower. This is the main basis for calculating loan interest.
There are complex legal problems in the composition of loan price of foreign currency loans, which lawyers should be familiar with, but they do not belong to the scope of discussion in this guide.
3. Loan type
According to different lenders, it can be divided into self-operated loans, entrusted loans and specific loans.
(1) Self-operated loans refer to loans independently issued by the lender with funds raised by legal means, with risks borne by the lender and principal and interest recovered by the lender.
(2) Entrusted loan refers to the loan that the lender issues, supervises the use and assists to recover on behalf of the principal according to the loan object, purpose, amount, term and interest rate determined by the principal. The lender (trustee) only charges the handling fee and does not bear the loan risk.
(3) Special loans refer to loans granted by wholly state-owned commercial banks after taking corresponding remedial measures for possible losses caused by loans with the approval of the State Council. Wholly state-owned banks refer to China Industrial and Commercial Bank, China Agricultural Bank, China Bank and China Construction Bank.
According to the different repayment periods, it can be divided into short-term loans, medium-term loans and long-term loans.
(1) Short-term loans refer to loans with a loan term of 1 year (inclusive). Short-term loans are flexible, with short term, strong liquidity, quick turnover and large demand. Judging from the specific practices of financial institutions, there are mainly six months and 1 year. Short-term loans are one of the most important businesses of financial institutions.
(2) Medium-term loans refer to loans with a loan term of more than 1 year (excluding 1 year) to less than 5 years (including 5 years).
(3) Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).
According to the security of the loan, it can be divided into credit loan, secured loan and bill discount.
(1) The so-called credit loan means that the borrower can withdraw the loan from the bank completely based on his own credit without providing collateral.
(2) The secured loan refers to the loan that is subordinated to the loan contract by the secured contract, including secured loan, mortgage loan and pledge loan. Guaranteed loan refers to the loan issued by a third party in the form of guarantee as stipulated in the Guarantee Law, which promises that the borrower will bear the general guarantee liability or joint liability according to the agreement when the loan cannot be repaid. Mortgage loan refers to the loan issued by the borrower or the third party's property as collateral according to the mortgage method stipulated in the Guarantee Law. Pledged loan refers to the loan that is issued with the movable property or rights of the borrower or the third party as the pledge according to the pledge method stipulated in the Guarantee Law.
(3) Bill discount refers to the loan issued by the lender by purchasing the unexpired commercial paper of the borrower.
The classification of the above loans is cross ... >>