Secondly, if the borrower is also the legal representative or person in charge of a company, the creditor must find out whether the debtor is the borrower himself or the company or enterprise he represents. Legally speaking, the legal representative or person in charge can engage in civil acts including payment on behalf of the company or enterprise. If the creditor is not clear about the identity of the debtor, there may be confusion about the identity of the borrower. The direct consequence is that creditors will face mutual prevarication between companies or enterprises and borrowers in future lawsuits, which will bring trouble to the realization of creditor's rights.
Finally, it is worth mentioning that when you lend money to your friend, you'd better leave a copy of his ID card to prepare for possible lawsuits in the future. Therefore, the IOU must be filled out by the debtor himself.
Keep the IOUs properly. Special attention should be paid to prevent the white bars from being stolen, lost and polluted, and the storage place should be safe and reliable, not easy to get wet and not in contact with chemicals. At the same time, it is best to make several copies, and then you can issue copies to the borrowers first to ensure the safety of the original. The interest rate should conform to the regulations. The interest rate of private lending can be appropriately higher than the bank's interest rate, but it shall not exceed 4 times of the bank's similar loan interest rate (including interest rate). Otherwise, excess interest is not protected.
Lending can be divided into interest-bearing lending and interest-free lending, in which the interest rate of production and operation lending between citizens can be appropriately higher than that of living lending. The Contract Law stipulates: "When the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate." At present, the state stipulates that the interest rate of private loans is at most four times that of similar loans of banks. The interest rate of usury is not protected by the state.
Interest may be agreed, but the interest shall not be higher than 4 times of the bank's interest rate for the same period, and the higher court will not support it. If there is no agreement on interest, according to the provisions of the Contract Law, if there is no agreement or unclear agreement on the payment of interest in the loan contract between natural persons, it shall be regarded as not paying interest. Personal loans between citizens, if there is no agreed interest, are regarded as interest-free. If there is no agreement on the debt, there will be no interest, but if it is not repaid after the repayment date, you can ask to calculate the interest according to the bank interest. In private lending, there are two controversial times: repayment time and writing time.
The repayment time is the time when the creditor and the debtor agree to repay the principal and interest. In reality, people often ignore this agreement or fail to make a clear agreement. The most common expression is repayment after a certain period of time, such as repayment after one year. "One year later" is literally a time period, not a time point. Repayment after two, three or more years can be understood as "repayment after one year". Although there are certain interpretation rules in law, this writing method increases the uncertainty of realizing creditor's rights after all. The uncertainty of repayment time also easily leads to the dispute of limitation of action in practice. Therefore, when agreeing on the repayment time, it is best to specify the year, month and day.
The formation time of IOUs is usually the time when debtors write IOUs. The appointment of this time should also be specific to the year, month and day. In practice, the debtor often writes this date intentionally or unintentionally, or only writes a part of the year, month and day. If the debtor only states June 25th. Although both creditors and debtors know this time when writing IOUs, it is inevitable that there will be disputes over the formation time of IOUs. However, the ambiguity of the formation time of IOUs may bring difficulties to the calculation of the limitation of action. Creditors may have to face the legal problem of whether the IOU exceeds the limitation of action. Although it is possible to determine the formation time of documents through physical evidence identification, it is not absolutely reliable and will increase the cost of the parties.
If there is no agreed repayment period, the borrower can return it at any time, and the lender can demand it at any time. For legal problems, prevention is always the first, and remedy is the second. In addition to writing IOUs, we should also pay attention to the borrower, the date of borrowing, the date of repayment, the borrower's signature, the amount of borrowing, the reason for borrowing, etc. And don't make any mistakes. Besides, you should pay attention to the following five points:
1. It's best to attach the ID numbers of the lender and the borrower in the debit note to avoid unnecessary disputes.
2. When the borrower signs, the lender must see his signature with his own eyes to prevent the borrower from signing with others, and finally refuse to recognize the IOU.
3. The borrower must be the borrower, not the lender, otherwise the borrower will argue that the content is not the original.
4. Try to avoid using different languages. Simple and semantically simple IOUs are the most standard IOUs. Avoid vague language like "A borrows money from B", because it is easy to tell who is the lender and who is the borrower.
The name should be written as IOU, not IOU. Their legal meanings are quite different. IOUs are valid for 20 years and IOUs for 2 years.