Chapter 1: Model loan contract between companies (selected) Lender (Party A):
Legal representative:
Address:
Postal code:
Contact telephone number:
Fax:
Borrower (Party B):
Legal representative:
Address:
Postal code:
Contact telephone number:
Fax:
Guarantor (Party C):
Address:
Contact telephone number:
Whereas:
1. Party B applies for a loan from Party A for the needs of _ _ _ _ _ _ _;
2. Party A is willing to provide loans to Party B;
3. The guarantor voluntarily provides guarantee for Party B. ..
Based on the principles of voluntariness, equality and mutual benefit, the above three parties have reached the following terms and conditions on Party B's loan through friendly negotiation, so that all parties can abide by them.
Article 1 Loan type: _ _ _ _ _ _ _ _ _ _.
Article 2 Purpose of the loan: _ _ _ _ _ _ _ _.
Article 3 Loan amount: RMB Yuan only (in words).
Article 4 The loan interest rate is 20%.
Article 5 The loan term is _ _ _ _ _ years.
Article 6 Term and method of loan
Party A shall remit the loan in full to the account provided by Party B within three days from the date of signing the Contract.
Article 7 Total amount, term and method of repayment
Party B shall repay the principal and interest of RMB Yuan (in words) to Party A when due.
In which, Party B shall repay the first installment of * * * principal and interest of RMB (in words) only before _ _ _ _ _ _ _ _ _. Repay the principal and interest of the second installment before _ _ _ _ _ _ _ _ _ _ _ _ _ (in words) Yuan only; The remaining principal and interest amount before repayment is RMB _ _ _ _ (in words) only.
Article 8 Rights and obligations of Party A
1. Party A has the right to require Party B to issue an iou;
2. Party A has the right to require Party B to repay the loan principal and interest within the agreed repayment period;
3. If Party B fails to use the loan according to the purpose stipulated in this contract, Party A has the right to dissolve or partially dissolve this contract.
4. Party A shall pay the loan to Party B in full and on time according to the agreement.
Article 9 Rights and obligations of Party B
1. Party B has the right to request Party A to transfer the loan to the account provided by it in time and in full as agreed;
2. Party B shall issue an IOU to Party A within one day after receiving the remittance from Party A. If Party B provides the IOU on time, it will not affect the establishment of the loan relationship between the two parties;
3. Party B shall repay the outstanding principal and interest in full and on time as agreed;
4. Party B shall use the loan in the agreed way.
Article 10 Warranty clause
As the guarantor of Party B's loan, Party C shall bear joint and several guarantee liabilities when Party B fails to perform this contract.
Party C has the right to inspect and urge Party B to perform this contract.
Article 11 Contract liability
1. If Party A issues the loan on schedule, Party B has the right to collect the contract payment from Party A on a daily basis at _ _ of the loan amount;
2. If Party B fails to use the loan according to the purpose agreed in this contract, Party A has the right to recover part or all of the loan. For the part used, the penalty interest shall be charged according to the regulations of the People's Bank of China.
3. In the case that Party B's enterprise suffers losses due to poor management and the loan is safe, Party A has the right to recover the loan in advance;
4. If Party B repays the loan on schedule, Party A has the right to collect the contract money from Party B according to the amount payable by Party B on a daily basis. ..
Article 12 Supplementary Provisions
1. This contract shall come into effect as of the date of signing, and shall be automatically dissolved after Party B pays off the loan principal and interest;
2. Any dispute arising from the performance of this contract shall be settled by three parties through consultation;
3. For matters not covered in this contract, the three parties shall sign a supplementary agreement through friendly negotiation, which has the same legal effect as this contract;
4. Even if this contract is recognized as legal, invalid and unenforceable by the government, government departments, judicial organs or arbitration organs, it will not affect the effectiveness of the rights, obligations and contractual responsibilities of both parties in this contract, and it is still valid for both parties, and both parties agree to make relevant compensation or compensation to the other party according to the above agreement;
5. This contract is made in triplicate, with Party A, Party B and Party C holding one copy respectively.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _
Legal representative (signature): _ _ _ _ _ _ Legal representative (signature): _ _ _ _ _ _
Date: _ _ _ _ _ Date: _ _ _ _ _ _
Part II: Model Inter-company Loan Contract (Selected) Borrower (hereinafter referred to as Party A):
Lender (hereinafter referred to as Party B):
Party A and Party B have reached an agreement on the above loan on the principle of equality, voluntariness, honesty and credit. This contract is specially concluded for both parties to abide by.
Article 1 The loan amount and term shall be determined by both parties through consultation, and Party B shall grant Party A a loan of RMB 90 million (in words: RMB 90 million only, which has been delivered). The loan term of this contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Purpose of Loan Party A will use the loan for. If business development requires, Party A can also use the principal for.
Article 3 Interest rate and interest
1. The loan interest rate of this contract is determined according to the legal interest rate of the corresponding grade on the contract signing date. Because.
2. The loan under this contract shall bear interest from the date of signing this contract, and the interest settlement method is as follows.
(1) Party A shall repay the principal and interest in one lump sum when the loan expires.
(2) Interest is settled once a year, and the interest settlement date is.
3. Party B designates the following bank account number as the collection account number, and guarantees its authenticity and validity. Within seven working days after the expiration of the loan term, Party A shall transfer the loan principal and interest under this contract to this account. Bank of deposit: account name: account number:
4. If Party A repays the loan in advance, it shall notify Party B in writing seven working days in advance, and the loan interest shall be calculated according to the actual loan term.
Article 4 Extension of Loan If Party A fails to repay the loan under this contract on schedule and needs to extend the loan, it shall submit a written application to Party B ten working days before the expiration of the loan term, and sign a loan extension agreement with Party B's consent. ..
Article 5 Party A and Party B are guaranteed to choose to perform Paragraph of this Article.
1. The loan under this contract is unsecured;
2. The guarantee method of the loan under this contract is that Party B and the guarantor sign a guarantee contract with the number for the specific guarantee matters under this contract.
Article 6 Party A guarantees that
1. Party A is a legal person established in China according to the laws of People's Republic of China (PRC), and has the capacity for civil rights and civil conduct necessary for signing and performing this contract, and can independently bear civil liabilities.
2. All documents, statements and statements related to this document provided by Party A are legal, true, accurate and complete.
Article 7 Obligations of Party A
1. Party A shall pay off the loan principal and interest as agreed in this contract.
2. During the loan period, if Party A's business decision changes significantly (including but not limited to share conversion, reorganization, merger, division, joint venture, cooperation, change of business scope and registered capital, etc.). ), which may affect Party B's rights and interests, Party A shall notify Party B in writing at least 30 calendar days in advance, and implement the repayment responsibility, or pay off in advance, or provide a guarantee recognized by Party B. ..
3. Party A shall accept the supervision of Party B. If requested by Party B, Party A shall provide statements and other documents that truly reflect the purpose of the loan.
4. Without the written consent of Party B, Party A shall not assign or transfer the responsibilities of this contract in any way.
5. When Party A transfers or disposes of all or most of its major assets or operating income, it shall notify Party B in writing at least 30 calendar days in advance, and perform the repayment obligation, or pay off in advance or provide a guarantee recognized by Party B. ..
6. In case of major events that affect Party A's ability to perform this contract, including but not limited to major economic disputes, suspension of business, suspension of business, being declared bankrupt, dissolution, revocation of business license, cancellation and deterioration of financial status, Party A shall immediately notify Party B in writing.
7. When the guarantor goes out of business, is declared bankrupt, is dissolved, has its business license revoked, suffers operating losses or the value of the collateral, pledge and pledge secured by the loan under this contract decreases, Party A shall provide a new guarantee approved by Party B. ..
8. During the loan period, Party A shall notify Party B in writing of the change of legal person name, legal representative, project leader, residence, telephone number and fax number within seven calendar days.
Article 8 Obligations of Party B
1. Party B shall issue the loan to Party A in full and on time as agreed in this Contract.
2. Party B shall keep Party A's business secrets and the information and materials that Party A requires to keep confidential obtained through negotiation, conclusion and performance of this contract.
3. Party B shall charge interest according to the interest rate and term agreed in this contract. If Party A repays the loan in advance, Party B shall agree after receiving Party A's written notice. ..
Article 9 Liability for breach of contract
1. If the contract fails to perform its obligations as agreed in the contract after it comes into effect, it shall bear corresponding liabilities for breach of contract.
2. Under any of the following circumstances, Party B has the right to require Party A to repay the loan, interest and other expenses immediately, and the date when Party B requires Party A to repay the above amount is the expiration date of the loan term of this contract.
(1) Party A fails to repay the loan and interest on schedule, and still fails to repay after being urged by Party B in writing;
(2) Party A suspends business, is declared bankrupt, dissolved, has its business license revoked, is revoked, is involved in major economic disputes, and its financial situation deteriorates;
(3) Party A fails to use it according to the purpose agreed in this contract;
(4) Party A has a major event that endangers, damages or may endanger or damage the rights and interests of Party B. ..
3. If Party A fails to pay the interest on time, Party B has the right to require Party A to pay liquidated damages according to the unpaid interest; If Party A fails to pay off the loan principal within the time limit, Party B has the right to calculate the loan principal and ask Party A to pay liquidated damages.
Article 10 Notarization If either party proposes to notarize the contents of this contract, the other party shall agree, and the notarization fee shall be borne by the proposer.
Article 11 Other agreed matters
Article 12 Dispute Settlement Matters not covered in this contract and disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, it shall be under the jurisdiction of the people's court of the place where the contract is signed.
Article 13 Entry into force, modification and rescission of a contract
1. This contract shall come into effect as of the date when the legal representatives or entrusted agents of both parties sign it and affix the official seal of the company or the special seal for the contract; If there is a guarantee, it will take effect as of the effective date of the guarantee contract.
2. After this contract comes into effect, neither Party A nor Party B may change or terminate this contract without authorization, except as already agreed in this contract; If it is really necessary to modify or terminate this contract, both parties shall reach a written agreement through consultation.
Article 14 Others
1. For matters not covered in this contract, Party A and Party B may reach a written agreement separately as an annex to this contract. Any annex, modification or supplement to this contract shall constitute an integral part of this contract and have the same legal effect as this contract.
2. This contract is made in duplicate, with Party A and Party B holding one copy respectively. ..
Party A (signature and seal): MM DD YY.
Party B (signature): YY.
Chapter III: Model loan contract of the company (selected) borrower (hereinafter referred to as Party A)
Loan Bank (hereinafter referred to as Party B)
In order to meet the needs and foundation of production development, Party A specially applied for a loan from Party B, which was approved by Party B after examination. In order to clarify the responsibilities of both parties and abide by the credit, this contract is specially signed for both parties to abide by.
1. Party A borrows RMB (in words) 10,000 Yuan from Party B for the agreed purpose of
2. The loan term is agreed as year, that is, from year to year. Party B guarantees to supply the funds according to the plan and the loan amount issued, and Party A guarantees to use the funds according to the specified purposes. The estimated staging plan is: RMB 10000 per year; Ten thousand yuan a year; Ten thousand yuan a year; Ten thousand yuan a year.
3. The loan interest shall be calculated at the monthly interest rate of ‰ from the date of loan use, and shall be settled quarterly (or monthly). If Party A fails to repay the loan on schedule, interest% will be charged for the overdue part; If the loan is not used according to the specified purpose, the misappropriation department will be fined% interest; Interest of% will be charged on the loan occupied by the overstocked equipment and materials.
During the validity period of this contract, if the interest rate is adjusted by the state, Party B shall calculate (settle) interest according to the adjusted loan interest rate from the date of adjustment, and notify Party A and the guarantee unit in writing at the same time.
4. Party A guarantees to repay the loan principal according to the repayment plan. The repayment plan is:
Ten thousand yuan a year; Ten thousand yuan a year;
Ten thousand yuan a year; Ten thousand yuan a year.
Party A guarantees to pay interest on time, as follows:
If Party A fails to pay the interest on time, Party B has the right to deduct or temporarily stop paying the loan from Party A's account.
5. When the loan expires, if Party A fails to repay it on time, the guarantee unit will repay it on its behalf. If the guarantee unit fails to repay the loan one month after receiving the repayment notice from Party B, Party B has the right to deduct it from all the investment deposit accounts of Party A (or the guarantor) or sell the property mortgaged by Party A to repay the loan.
6. Party B has the right to check the loan usage and learn about Party A's operation and management, plan implementation, financial activities and material inventory. Party A promises to provide quarterly statistics, accounting and financial reports and materials.
7. During the validity period of this contract, if Party A changes its business methods such as contracting, leasing and merger, it must inform Party B to participate in the whole process of assets verification, research and signing the contract (agreement) of contracting, leasing and merger, and implement the relationship between creditor's rights and debts according to relevant state regulations.
8. If it is necessary to change the terms of the contract, Party A and Party B shall sign a supplementary text of the loan contract through consultation.
9. Party A shall fill in the loan application form to Party B, provide guarantee for repayment of loan principal and interest by mortgage or (and) third-party guarantee, and sign a mortgage guarantee agreement. The application form filled in by Party A and the agreement signed by all parties are an integral part of this contract.
10. (Other terms agreed by both parties)
1 1. This contract shall come into effect from the date of signing and shall be invalid when all the loan principal and interest are paid off.
12. The original of this contract is in triplicate, one for Party A, one for Party B, one for guarantor and two copies, and sent to the accounting department and relevant departments of Party B. ..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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