Secondly, the contents of the contract must indicate the loan amount (including words and figures), loan purpose, loan date, repayment date, loan interest rate and liability for breach of contract. If there is a guarantor as a guarantor, personal information of the guarantor and the guarantor's responsibility shall also be attached.
The final requirement of the loan contract is that the borrower, guarantor, mortgagor and lender fill in the title, certificate number and so on. , and stamped with the official seal and the official seal of the bank, the contract came into effect.
What needs to be emphasized here is that the loan interest rate is only valid within 4 times of the benchmark interest rate set by the central bank for the same period, and the part exceeding 4 times is not protected by law.
Which private loan contracts are invalid, and how to sign a loan contract is effective? When you don't know whether the private loan contract you signed is valid, you can take it to a lawyer and have a good look before signing it.
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. The party that delivers the loan is called the lender, and the party that accepts the loan and returns it at maturity and pays interest is called the borrower.
Conceptual characteristics
A loan contract refers to a contract in which the parties agree that one party will transfer the ownership of a certain kind and quantity of currency to the other party, and the other party will return the similar kind and quantity of currency within a certain period of time. Among them, the party providing the money is called the lender, and the party receiving the money is called the borrower.
The characteristics of the loan contract mainly include:
1. The object of the loan contract is money. The subject matter of a loan contract is a special currency. Therefore, in principle, only performance delay occurs, and no performance failure occurs.
2. A loan contract is a contract to transfer the ownership of money. When the lender gives money to the borrower, the ownership of the money is transferred to the borrower, and the borrower can dispose of the money. This is determined by the purpose of the loan contract, and it is also the inevitable result of the special kind of money as its subject matter.
3. Loan contracts are generally paid contracts (interest-bearing loans) or free contracts (interest-free loans).
4. The loan contract is generally an important contract and should be in written form. The form of a loan contract between natural persons may be agreed upon by the parties.
rights and duties
Rights and obligations of the lender
In the loan contract, the lender shall not take advantage of its dominant position to deduct interest 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 lender shall not disclose the commercial secrets of the borrower to a third party, otherwise, it shall bear corresponding legal responsibilities.
The rights of the lender mainly include:
(1) has the right to demand the return of principal and interest.
(2) the right to supervise and inspect the use of loans. Lenders may supervise and inspect the use of loans as agreed.
(3) Stop issuing loans, recover the loans in advance and terminate the contract. If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Rights and obligations of the borrower
1. Provide the real situation. When concluding a loan contract, the borrower shall provide true information on the business activities and financial status related to the loan as required by the lender.
2. Use the loan according to the agreed purpose. If there is an agreement on the purpose of the loan in the contract, the borrower shall use the loan according to the agreed purpose and accept the lender's supervision and inspection on the use of the loan. If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
3. Repay the loan principal and interest on schedule. When the loan is free, the borrower must repay the loan principal on schedule; When the loan is issued, the borrower should not only return the loan principal, but also pay the interest as agreed.