is invalid. The loan contract must be signed by the borrower himself.

If this happens, you can sue.

The loan contract is a form of economic contract. That is, the lender will deliver the currency to the borrower for use, and the borrower will return a certain amount of currency and its interest to the loan on a scheduled basis in accordance with the relevant regulations and the mutual rights and obligations determined by the loan.

In order to ensure its own safety, the lender requires that the borrower's financial condition (especially its liquidity) during the validity period of the loan contract must be at least comparable to the situation when it signed the contract.

The loan contract itself simply indicates that the lender has the legal authority to take action if the borrower violates the terms of the contract. Otherwise, the lender will be bound by the terms of the loan it promised and will not be able to take corrective measures until the end of the contract.

Extended information

Things that need to be paid attention to regarding the subject qualifications in the loan contract are as follows:

The identity of the borrower needs to be verified

(1 ) The contracting party is an individual

If the contracting party is an individual, it must be a person with full capacity for civil conduct. The contracting party must be mentally healthy and over 18 years old, or between 16 and 18 years old but living mainly on his own income. source. In this case, you can ask them to provide their ID card, detailed home address, contact information and other personal information to facilitate on-site inspection and confirmation when necessary.

If necessary, the borrower’s spouse may be required to sign, provide a copy of their ID card, and proof of identity relationship.

(2) The contracting party is an enterprise

① The subordinate departments of the enterprise, such as the departments, departments, divisions, offices, etc. of the enterprise do not have the qualifications as entities and cannot sign a loan contract. If a loan contract is signed, it may also be deemed invalid because the subject is unqualified.

② For branches of the enterprise, such as branches, branches, offices, etc., it should be checked whether they are authorized, whether they have the qualifications to conduct business externally, and whether they have an unincorporated business license.

③ Review of enterprise qualifications. Generally, the company's business license is reviewed to see whether the name of the company is consistent with the name of the party to be signed; to see whether the registered capital is commensurate with the amount of the contract to be signed; to see whether the business scope of the company is within the business scope of the business to be signed; to check Whether the enterprise has passed the annual industrial and commercial inspection of the industrial and commercial department.

④ Credit review. Generally, the other party should be required to provide credit certification information, including company profile, business license, performance status, tax certificate, bank credit rating certificate, and basic information of the unit.

Reference: Baidu Encyclopedia - Loan Contract