Legal analysis: According to general experience, an IOU is legal and valid as long as it includes the lender, borrower, loan amount, loan time and other main contents. A standard IOU should have the following contents: the lender and the legal full name of the lender. (2) Write down the loan amount clearly. (3) Write clearly the loan term, including the beginning, end, year, month, day and clear loan term. (4) Write clearly the loan interest rate, and finally the total loan interest payable. (5) The repayment year of loan principal and interest should be clearly written. (6) The borrower's personal signature, handprint or handwritten signature shall be available.
Legal basis: Article 667 of the Civil Law of People's Republic of China (PRC): A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Second, lend money to friends and write IOUs. The content is IOUs. Is it legally binding?
The loan contract is unnecessary and there is no written evidence. As long as the loan relationship can be proved, it has legal effect. A contract usually looks at the specific rights and obligations of both parties, not just titles.
Third, how to write IOUs for others has legal effect.
A receipt for a loan contains the main terms of the loan, such as the type, currency, purpose, amount, interest rate, term and repayment method, and has the following elements: the subject has corresponding civil capacity; The meaning of the loan is true; The contents of the loan are legal and do not violate public order and good customs. I. How to write the IOU The IOU is legally effective 1, and the title should be "Borrowing". 2. The purpose of borrowing should be indicated on the IOU, and gambling debts and breakup fees are not protected by law. 3. Write down "How much did you receive from XXX today", indicating that the loan has been delivered. The loan amount must be expressed in words and figures. 4. Indicate the monthly interest rate or annual interest rate. The annual interest rate cannot exceed 36%, otherwise the excess will be invalid. 5. Indicate the repayment date. If there is no agreed repayment date, the lender can demand repayment at any time, and the borrower can also repay at any time. 6. Write down the name of the lender, which should be consistent with that on the ID card. 7. Finally, press the handprint and the lender and borrower sign. The date of signing is preferably the date when the loan is actually paid. Second, is it risky to help others mortgage? If you help others to use the house as collateral, it is very risky. If the lender does not bear the debt, the parties shall bear the responsibility of paying off the debt. If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the mortgagee to auction or sell the mortgaged property. Where the mortgaged property is discounted or sold, it shall refer to the market price. Third, what about private lending? If the loan period has expired and the lender still fails to repay the loan after being urged, the lender may bring a lawsuit to the people's court according to law and use legal weapons to safeguard his legitimate rights and interests. Lenders should pay attention to the limitation of action. If the limitation of action exceeds two years, the people will not accept it, and the creditor's rights of the lender will be protected by law in urban areas. In order to prevent the statute of limitations from exceeding, the lender may require the borrower to write a repayment plan before the expiration of the statute of limitations, thus interrupting the statute of limitations. According to the law of our country, the new limitation of action is recalculated from the date of interruption, so that the lender not only has the right, but also can continue to have the right to win the lawsuit, which is conducive to protecting the legitimate rights and interests of the lender. At present, the creditor's family probably has the following evidence to collect: evidence of the debtor's subject qualification, contracts or agreements, bills of lading, consignment notes, IOUs and various settlement bills signed by the debtor, and other telegrams, faxes and letters related to the preceding paragraph should be properly kept. The collected evidence should be provided to the people in a timely manner. For evidence that may be lost or difficult to obtain in the future due to special circumstances, you can apply to the people's court for evidence preservation in time; For evidence that cannot be collected by itself due to objective reasons, you can apply to the people for investigation and collection in time. At the same time, we should actively try to use legal means to obtain evidence. According to Article 143 of the Civil Law of People's Republic of China (PRC), a civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 668 of the Civil Code of People's Republic of China (PRC) A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. Article 680 of the Civil Code of People's Republic of China (PRC) prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Fourth, lend money to others, how to write IOUs. The most legally binding.
There is no need for notarization between individuals, as long as it does not exceed 4 times the interest of the bank in the same period. As long as the agreement is clear, both individuals and enterprises can borrow money. You can also charge interest. It's not illegal.