The store loan on WeChat also has legal effect. As long as both parties acknowledge the existence of the loan relationship, the court can determine that the online loan is valid. But more often, the court can't fully ascertain the facts only by the internet, and it is recommended that the loan should appear in written form.
The Electronic Signature Law stipulates that "a reliable electronic signature has the same legal effect as a handwritten signature or seal". "Reliable electronic signature" requires:
1. When electronic signature production data is used for electronic signature, it belongs exclusively to the electronic signer;
2. When signing, the electronic signature production data is only controlled by the electronic signer;
3. Any changes to the electronic signature after signing can be found;
Any changes in the content and form of the data message after signing can be found. In addition to meeting the requirements of reliable electronic signature, it also meets the requirements of the law on the original form and preservation conditions of electronic contracts. Generally, the electronic contract generated by the system or signed by e-mail has low probative power, and it needs to prove the authenticity of the signature and has not been tampered with, so the proof is more complicated.
Second, how to write IOUs is legally effective.
L, IOUs should be written by the borrower, but attention should be paid to writing norms. Printed IOUs have the same legal effect, but they are easy to forge. The borrower's signature should also be thumbprinted. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan.
2. The date of the loan-be sure to write it clearly, preferably accurate to the day. The repayment date can be agreed on the loan slip. If there is no agreed repayment date, the borrower can claim repayment at any time. If the repayment date is agreed, the request can only be made when the repayment date expires. If the repayment date is not returned, the lender shall file a lawsuit within three years, and may lose the right to win the case after the deadline.
3. The loan amount should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written, such as "RMB one hundred thousand yuan only" to prevent the loan holder from tampering.
4. Payment shall be made by bank transfer as far as possible, and the account number and transfer date of the other party may be indicated on the debit note. When handling the transfer, you can indicate the purpose of the loan. If the amount is small, it should be indicated on the IOU that both parties' loans are paid in cash. Either way, the borrower needs to write a receipt for the money received separately. The IOU can only prove that there is a loan contract relationship between the two parties, which is not enough to prove that the borrower has fulfilled the obligation to repay the money.
5. If the borrower is married, it is better to obtain the signature of the spouse, which is more secure for the creditors, and avoids that one party refuses to undertake the repayment obligation or execute it in court on the grounds of ignorance, and one party transfers the property to the spouse, resulting in the inability to repay.
6. After the IOU is issued, a copy of the borrower's autographed ID card and a copy of the marriage certificate shall be collected at the same time.
7. If the amount is large, you can ask a lawyer or a third party to witness and sign it.
Third, the statute of limitations of IOUs.
1, depending on the loan content. If the repayment time is not specified, there is usually no statute of limitations; If the lender demands repayment from the borrower, the limitation of action shall be three years from the date when the lender demands repayment.
2. If the repayment time is indicated on the IOU, it will be 3 years from the maturity date.
3. If the repayment date is not agreed on the IOU, the lender can ask the borrower to repay at any time, and the borrower can also repay the lender at any time.
4. IOUs are debt disputes. As long as the lender has evidence to prove that it has claimed the right during the limitation period (that is, it was urged by the borrower), the limitation period shall be recalculated from the date of claiming the right, but the longest period shall not exceed 20 years.
Regarding how to type the WeChat electronic loan, is it legally effective? That's all I've compiled for you. To sum up, the electronic IOUs on WeChat have the same legal effect as long as the relevant loan information is written well. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.