1. Is the authorized debit memo valid?
It is effective to authorize the signing of IOUs, because the laws of our country clearly stipulate that people with authorization procedures can sign on their behalf. If there is no agency, beyond the agency or after the termination of the agency, the principal can bear civil liability only after ratification by the principal. If the act is not ratified, the actor shall bear civil liability. Knowing that someone else has committed a civil act in my name without denying it is regarded as consent.
Therefore, if there is good communication and consultation between the agent and the client in advance, and there is no act of going back on our word or not complying with the agreement afterwards, the family members can sign the IOU on their behalf, and the parties can also write a power of attorney to the family members, so that there will be no more trouble.
Second, what are the precautions for IOUs?
Since family members can sign IOUs on their behalf, some precautions about IOUs also need to be understood.
According to the three elements of civil legal relationship (subject, object and content), the following matters should be paid attention to when issuing IOUs:
1, subject
It is necessary to clearly express the subject of the creditor-debtor relationship, that is, who is the creditor and who is the debtor (pay attention to the ambiguity of the word "borrow"); If a natural person is the main body, the name on the ID card should be checked, and the number of the resident ID card should be copied on the receipt when conditions permit; If the legal entity is the main body, it shall be stamped with the official seal of the entity.
2. Objectives
The unit of the amount should be clear, the amount should be written in traditional Chinese characters, and the proportion should be clear, such as percentage, thousand ratio and ten thousand ratio.
3. Content
Express clearly and pay attention to avoid ambiguity. The date of return should be clear, if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is an agreement on liquidated damages, it should be stated. If there is a guarantor, the method of guarantee shall be indicated, and the guarantor shall be indicated.
4. In duplicate
It is better to have two receipts, one for each party. As a quick and convenient confirmation method, the receipt is usually written by hand, and the issuer is specific, that is, it is written and sealed by the debtor, the borrower and the donee, but in reality it is often written by the creditor, the lender and the donor, and then signed by the debtor, the borrower and the donee. In this case, if the borrower, the borrower and the payee don't have the same receipt, and the writer tampered with the only remaining receipt, such as adding the amount of the loan, how can the signatory defend? On the contrary, if there are two identical documents (in duplicate), cheating by both parties will not only be futile, but also hurt feelings.
When signing the IOU, you must personally sign it as a fact. Of course, if you can't sign at the scene, you can issue a written authorization procedure, and then your relatives will sign it on your behalf. This is also effective, and this kind of IOU is legally recognized.