It's better to have a guarantor sign it.
I want my boyfriend to make a promise before marriage. Is it legally binding for me to write a prenuptial agreement with him, or is it legally binding for him to write a prenuptial guarantee? Make an agreement before you get married. It is still a product of love, perhaps more like a commodity transaction.
How to write an IOU to have legal effect? My friend's credit card cannot be repaid. So I asked to write an iou. First of all, there must be the borrower, the loan amount, the loan time, the repayment date and the borrower's signature and seal. The format is as follows:
receipt for a loan
Borrow XXXX cash today and return it on X, X, X, and you are not willing to bear the legal responsibility for breach of contract when it expires.
Borrower: XXX
date month year
How to Write a Legally Effective IOU Only a standardized IOU has legal effect, so as to safeguard your legitimate rights and interests in the event of a loan dispute. Here's how to write a standard IOU.
Standard IOUs shall include the following contents:
1. The legal full names of the borrower and the lender shall be clearly written;
2. The loan amount should be clearly written, including the amount expressed in words and figures;
3. The term of the loan should be clearly written, including the start and end dates of the loan and a clear loan term;
4. The specific repayment date should be clearly written;
5. The loan interest should be clearly written, with a clear annual interest rate or monthly interest rate, and the total amount of loan interest that should be paid in the end (including the amount expressed in words and figures);
6. The date, month, day, time and payment method of repayment of loan principal and interest shall be stated;
7. There should be the borrower's personal signature, handprint or handwritten signature.
The standard writing format and content examples of IOUs are as follows:
receipt for a loan
Today, Party A lends Party B RMB ten thousand Yuan only, namely 10000.00 Yuan, with a term of six months, from February 9, 2006 to August 8, 2006. The interest rate is 0.8% per month, and the interest * * * is RMB 4,800.00 Yuan only. In August 2006, all the principal and interest were repaid.
Borrower: B (signature, handprint, signature)
How to write IOUs has legal effect L. IOUs are best written by borrowers, but attention should be paid to writing norms. Printed IOUs have the same legal effect, but they are easy to forge. The borrower's signature should also be thumbprinted. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan.
2. The date of the loan-be sure to write it clearly, preferably accurate to the day. The repayment date can be agreed on the loan slip. If there is no agreed repayment date, the borrower can claim repayment at any time. If the repayment date is agreed, the request can only be made when the repayment date expires. If the repayment date is not returned, the lender shall file a lawsuit within three years, and may lose the right to win the case after the deadline.
3. The amount of the loan should be written in both capital figures and Chinese, and the currency should be clearly written, such as "RMB 100000.00 Yuan only (RMB one hundred thousand Yuan only)" to prevent the holder of the IOU from tampering.
4. Payment shall be made by bank transfer as far as possible, and the account number and transfer date of the other party may be indicated on the debit note. When handling the transfer, you can indicate the purpose of the loan. If the amount is small, it should be indicated on the IOU that both parties' loans are paid in cash. Either way, the borrower needs to write a receipt for the money received separately.
5. If the borrower is married, it is better to obtain the signature of the spouse, which is more secure for the creditors, and avoids that one party refuses to undertake the repayment obligation or execute it in court on the grounds of ignorance, and one party transfers the property to the spouse, resulting in the inability to repay.
6. After the IOU is issued, a copy of the borrower's autographed ID card and a copy of the marriage certificate shall be collected at the same time.
7. If the amount is large, you can ask a lawyer or a third party to witness and sign it.
My husband lent my parents 300 thousand. Does the IOU he wrote have legal effect? As long as there is a real loan relationship, the debtor issues an IOU that is consistent with the actual loan facts, and both parties have no objection to all the records on the IOU. Such an iou is legally binding.
My friends and I thought that someone else had borrowed usury and wrote an iou. Does this IOU have legal effect? Yes, the act of borrowing money is legal in itself, but the interest that exceeds the bank's loan interest rate for the same period is not protected by law, so the agreement on interest signed by both parties is invalid, but the loan principal and the money that is less than four times the bank's loan interest rate for the same period are still protected by law.
Opinions on the People's Court's Trial of Private Lending Cases
Six, the interest rate of private lending can be appropriately higher than the bank interest rate, the local people's courts can specifically grasp according to the actual situation in the region, but the maximum shall not exceed four times that of similar bank loans (including interest rates). Beyond this limit, the excess interest will not be protected.
Seven, the lender shall not include interest in the principal to seek high profits. If it is found during the trial that the creditor included the interest in the principal to calculate compound interest, if the interest rate exceeds the limit stipulated in Article 6, the excess interest will not be protected.
Ten, one party by means of fraud, coercion or take advantage of others' danger, so that the other party violates the true meaning of the loan relationship, should be considered invalid. If the loan relationship is invalid due to the creditor's behavior, only the principal will be returned; If the debtor's behavior causes an invalid loan relationship, in addition to returning the principal, interest should also be paid with reference to the bank's similar loan interest rate.
"People's Republic of China (PRC) Contract Law" Article 200 * * * loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
The so-called usury means that the interest rate is four times higher than the bank's deposit and loan interest rate during the same period, and the excess is not protected by law. Your IOU should be said to be partially valid, that is to say, if the creditor sues you to the court, the court will generally award you to repay the principal plus legal interest, and the interest will be calculated at four times the bank's deposit and loan interest rate for the same period.
My friend lent me money on my behalf. How to write handwritten IOUs with legal effect? The IOU is written by the borrower ~ write down the amount, borrowing time, repayment time, whether there is interest, etc. Finally, sign and press the fingerprint.