From the perspective of national management, loan contracts can be divided into two categories: private loan contracts and credit contracts.
(1) Private loan contract
A private loan contract refers to a private loan contract between individual citizens, in which the lender lends monetary funds belonging to their legal income to the borrower, and the loan is borrowed when the loan is due A contract whereby a person returns the borrowed monetary funds plus interest.
Private loan contracts can be written or oral in terms of loan forms. The loan interest rates include no interest, low interest, and high-interest loans. The state's management of private loans: First, both parties must abide by the principles of voluntariness, equality, fairness, and good faith; second, private loan contracts must not be used to operate illegally or in disguised forms of financial business, disrupt financial order, and harm the interests of the public.
(2) Credit contract
A credit contract refers to a commercial bank or credit cooperative that operates a loan business lending monetary funds to legal persons, other economic organizations or individuals for use. When the loan expires A contract under which a borrower returns the money borrowed plus interest. Different divisions can be made according to different standards.
1. According to the source of loan funds, loans from financial institutions can be divided into self-operated loans, entrusted loans and specific loans
Proprietary loans refer to loans issued independently by the lender with funds raised in a legal manner, and the risks are determined by the loan The borrower shall bear the principal and interest, and the lender shall recover the principal and interest. Entrusted loans refer to funds provided by clients such as government departments, enterprises, institutions, and individuals, and are issued by the lender (i.e., the trustee) based on the loan object, purpose, amount, term, interest rate, etc. determined by the client, and supervise the use and assist To recover the loan, the lender (trustee) only charges a handling fee and does not bear the risk of the loan. Specific loans refer to loans issued by wholly state-owned commercial banks upon approval by the State Council and taking corresponding remedial measures for possible losses caused by the loans.
2. According to the type of currency, it can be divided into RMB loan contracts and foreign currency loan contracts.
RMB loan contracts can be further divided into: fixed asset loan contracts, working capital loan contracts, trusts according to the contract content, source of funds and loan purpose. Fund loan contract, entrusted fund loan contract, etc.
Foreign currency loan contracts can be divided into: spot loan contracts, buyer's credit contracts and special foreign exchange loan contracts according to the contract content, source of funds and loan purpose.
3. According to the purpose of the loan, it can be divided into fixed asset loan contracts and working capital loan contracts
According to different loan projects: fixed asset loan contracts can be divided into capital construction loan contracts, technological transformation loan contracts, and special fund loan contracts etc.; working capital loan contracts can be divided into working capital loan contracts, seller loan contracts, special funds loan contracts, land development loan contracts, etc.
4. According to whether there is a guarantee in the loan contract, it can be divided into a credit loan contract and a guaranteed loan contract
Credit loans refer to loans without guarantees and based on the creditworthiness of the borrower.
Guaranteed loans refer to loans that provide guarantees, including guaranteed loans, mortgage loans, and pledged loans. Guaranteed loans refer to loans issued in accordance with the guarantee method stipulated in the Guarantee Law and based on a third party's promise to assume general guarantee liability or joint liability as agreed when the borrower is unable to repay the loan. Mortgage loans refer to loans issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Security Law. A pledge loan is a loan issued with the movable property or rights of the borrower or a third party as collateral according to the pledge method stipulated in the Security Law.