1. Can I write an IOU without being present?
If certain conditions are met, it is ok that I am not present when writing the IOU. The main condition here is that I have signed an entrustment contract and established an agency relationship.
Civil Law (in force)
Article 161 A civil subject may carry out a civil juristic act through an agent.
In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 162 A civil juristic act carried out by an agent in the name of the principal within the scope of his agency authority is effective for the principal.
Article 165 If the power of attorney is in written form, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal.
Second, what should I pay attention to when writing IOUs?
Pay attention to the following items when writing IOUs:
1. The IOU must be written by the borrower, not by the lender, which can prevent the borrower from refusing to recognize the validity of the IOU on the grounds that the lender has written the contents without authorization.
2. IOUs should be as concise as possible. Don't use ambiguous language. For example, the language "A borrows 10,000 yuan from B" can't make it clear who borrows money from whom. You should use "borrow" instead of "borrow", there is no clear direction.
3. Don't write down the reasons for borrowing money from you, such as what is the reason for borrowing money from you? This has nothing to do with borrowing money itself. If it joins, it may lead to a civil act of conditional lending, which may lead the borrower to invoke this condition to defend.
4. Attach the ID numbers of the borrower and the lender as much as possible, which will be reflected in the IOUs, so as to avoid the unnecessary process of confirming the parties to the IOUs. Because sometimes some people's daily names are different from those on their ID cards. If the borrower contacts you and writes the IOU under a pseudonym or nickname, then the signature of the IOU is seriously flawed.
And most importantly, the borrower's signature must be seen with his own eyes. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. Therefore, don't accept a written loan or a written loan afterwards. Be sure to let the borrower write the loan in person.
Everyone may encounter financial difficulties. At this time, if you don't want to borrow money from financial institutions such as banks, you can also obtain funds by borrowing from others. When you borrow money, you usually write an IOU. If it is impossible to write the IOUs in person due to sudden illness and other reasons on the day of negotiation with creditors, the principal may write the IOUs on his behalf after signing the entrustment contract with others.