When making a bank loan, the bank generally requires a guarantor, and there will be guarantee clauses in the bank contract that need the guarantor's signature. The agreement signed by the lender and the guarantor is binding on both parties, but without the consent of the bank, the clause exempting or reducing the guarantor's liability is invalid. Changing the guarantee contract requires the bank's consent. Agreement between Guarantor and Lender
Private Loan Guarantee Contract I
Borrower:
Guarantor:
Lender:
The parties to this contract are based on equality in accordance with the Contract Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the General Principles of the People's Republic of China and other provisions.
part I loan terms
article 1 loan purpose: the loan under this contract is used and must be used legally.
article 2 loan amount: the loan amount is RMB (in words): ten thousand yuan only, and in figures: ¥ yuan (in case of any discrepancy, the capital shall prevail, the same below).
article 3 loan term: the loan term is (months), from (year) to (year).
article 4 loan interest rate: the (annual/monthly) interest rate within the loan term is. (If the borrower fails to repay the principal at the due date, the overdue part will be subject to an interest rate of 5% on the basis of the interest rate agreed in this article)
Article 5 Repayment method: the borrower chooses the following repayment method:
1. Repay the principal and interest once at maturity, and the interest will be paid off with the principal.
2. Interest shall be settled on a (monthly/quarterly) basis, and the interest payment date shall be the end of each (monthly/quarterly) period.
3. Others.
Article 6 The lender has the right to require the borrower to pay off part or all of the loan principal and interest in advance within the agreed time limit at any time under the following circumstances:
1. The borrower uses the borrowed money for illegal activities.
2. The collateral is damaged or lost, which is not enough to achieve the purpose of this contract, and the borrower and guarantor cannot provide other guarantees acceptable to the lender.
3. The credit of the borrower or guarantor is in crisis, which may cause the lender to be unable to recover the loan.
Article 7 Rights and obligations of the borrower:
1. Truthfully provide relevant certificates, certificates and other materials, and accept the supervision and inspection of the lender;
2. Ensure that the loan is used according to the purpose of the loan and is not used for illegal activities;
3. Obtain the loan principal and repay the loan principal and interest on time.
Article 8 Rights and obligations of the lender:
1. Ensure that the source of funds is legal;
2. Lend loans to borrowers as agreed;
3. Have the right to collect the loan principal and interest as agreed in this contract, and have the right to exercise the guarantee recourse as agreed.
Part II Guarantee Clauses
Article 9 Guarantor: In order to ensure the borrower's due performance of repayment obligations, the guarantor voluntarily guarantees all the property that he owns and has the right to dispose of to the lender as a guarantee for the borrower to repay the loan.
The guaranteed property under this contract is:
The guarantor guarantees that the guaranteed own property meets the guarantee conditions and agrees to be bound by this contract. However, the guarantee undertaken by the guarantor is joint and several liability guarantee.
article 1 scope of guarantee: the loan principal, interest, overdue interest, liquidated damages and all expenses (including arbitration fees, litigation fees and lawyer fees, etc.) for the lender to realize its creditor's rights under this contract.
when the borrower fails to fulfill its repayment obligations as agreed in this contract, regardless of whether the lender has other guarantees for the creditor's rights under this contract, the lender has the right to directly ask the guarantor to assume the guarantee responsibility.
Part III Liability for Breach of Contract and Other Agreements
Article 11 Liability for Breach of Contract: The following situations all constitute breach of contract, and the breaching party shall bear the liability for breach of contract:
1. If the documents and certificates provided by the borrower are false or illegal, the lender may require the borrower to immediately repay all the loans and corresponding interests, and may exercise the security right under this contract according to law.
2. If the borrower fails to repay the principal and interest of the loan in full at the expiration of the repayment period, it shall be regarded as a serious breach of contract, and shall pay the lender a penalty of
% of the total loan principal separately, and bear all the expenses paid by the lender for realizing the creditor's rights (including arbitration fees, litigation fees and lawyer's fees, etc.).
3. If the lender fails to grant the loan to the borrower as agreed in this contract, it shall be regarded as a serious breach of contract, and shall bear the direct expenses paid by other parties, and pay the borrower a penalty of% of the total loan principal separately.
4. If the guarantor conceals the existence, dispute, seizure, guarantee or lease of the collateral, thus causing losses to the lender, it shall be liable for compensation to the lender.
article 12 dispute resolution: disputes arising during the performance of this contract shall be settled by the parties through consultation; If negotiation fails, it shall be settled by the following first method:
1. Submit it to Huaibei Arbitration Commission for arbitration;
2. bring a lawsuit to the people's court according to law.
article 13 entry into force, alteration, dissolution and termination:
1. before signing this contract, all parties to the contract have fully understood and accepted the contents of this contract, and all expressions of will under this contract are true and valid. The parties to the contract choose the following agreement as the effective condition of this contract:
(1) It will take effect after being signed by all parties;
(2) It will take effect after notarization by the notary office. 2. This contract shall be terminated after all the loan principal and interest and related expenses under this contract are paid off.
2. if this contract needs to be changed or dissolved, all parties to the contract shall reach a written agreement.
article 14 this contract is made in duplicate, with each party holding one copy.
Borrower (signature or seal):
Guarantor (signature or seal):
Lender (signature or seal): YY-MM-DD
Loan Contract II
Borrower: (hereinafter referred to as Party A) _ _ _ _ _ _ _ _ _ _ _
Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Lender: (hereinafter referred to as Party B) _ _ _ _ _ _ _ _ _ _ _
Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Guarantor: (hereinafter referred to as Party C) _ _ _ _ _ _ _ _ _ _ _
Contact address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A borrows money from Party B, which is guaranteed by Party C, and Party B agrees to borrow money. In order to safeguard the interests of both parties and clarify their respective rights and obligations, this contract is concluded through consultation in accordance with relevant laws and regulations, and both parties shall abide by it.
article 1 loan amount
the loan amount under this contract is RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Loan Term
The loan term is _ _ _ months, counting from the actual loan date of Party B..
Article 3 Purpose of loan
The purpose of loan under this contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
without the written consent of party b, party a shall not change the use of the loan, including but not limited to the fields where production and business are prohibited by the state, any illegal or criminal acts, or any projects prohibited by national laws,
regulations and national policies or projects not approved according to law.
Article 4 Interest rate and settlement interest
1. The loan interest rate
is fixed, and the loan interest rate is _ _ _ _ _ _ _ _ _% of the monthly interest rate; The contract interest rate remains unchanged during the loan period.
2. Calculation of interest
The interest is calculated from the actual borrowing date of Party A, and according to the actual borrowing amount and the number of days spent;
interest calculation formula: interest = principal × actual days × daily interest rate;
the calculation base of daily interest rate is 3 days a month, and the conversion formula is: daily interest rate = monthly interest rate /3.
3. Interest settlement method
□ Interest is settled and paid according to the loan month, with the corresponding date of the actual lending date as the interest settlement date. If there is no corresponding date in the current month, the last day of the current month is the interest settlement date.
□
Interest is settled and paid according to the natural month, and the last day of each month is the interest settlement date and interest payment date. If the last repayment date of the loan principal is not the interest payment date, the last repayment date of the loan principal is the interest payment date, and Party A shall pay all the interest payable.
4. Default interest
(1) If Party A fails to repay the loan within the agreed time limit, interest will be charged at the default interest rate of overdue loan repayment
from the overdue date until the principal and interest are paid off. The default interest rate for overdue loans is 3% higher than the loan interest rate agreed in this contract.
(2) if party a fails to use the loan according to the agreed purpose, it will misappropriate the part, and interest will be charged at the default interest rate of the misappropriated loan from the date of misappropriation until the principal and interest are paid off; The penalty interest rate for misappropriation of loan will be charged
5% on the loan interest rate level agreed in this contract.
(3) If the same loan is overdue and misappropriated, interest will be charged according to the default interest rate of misappropriated loan;
(4) For the interest and default interest that Party A fails to pay on schedule, compound interest shall be calculated according to the default interest rate agreed in paragraph 3 of this article.
(5) If the interest is charged at the default interest rate, the interest formula is: interest = (principal+unpaid interest payable) × actual days× daily default interest rate.
article 5 loan conditions
when requesting a loan under this contract from party b, party a shall provide the following information, and a natural person shall provide the information agreed in 1-5 and 13 for personal loan; Enterprise loan shall provide the materials agreed in 1, 5 and 13:
1. Submit an application form for personal/enterprise credit loan to Party B;
2. party a's latest identity certificate, marital status and income certificate;
3. If there is a credit card, issue a credit card bill and repayment record for the last six months;
4. Personal account information of Party A to which the loan is to be transferred;
5. Proof materials for the purpose of the loan, such as invoices for purchasing goods, purchase and sale contracts and agreements, or statements from Party A that guarantee and explain its legal purpose, etc.
6. The borrower has provided the guarantee according to the requirements of the lender, and the guarantee contract has come into effect and completed the statutory approval, registration or filing procedures;
7. The borrower has reserved the borrower's documents, bills, seals, personnel lists and signature samples related to the conclusion and performance of this contract to the lender, and filled in relevant vouchers;
8. The Borrower has opened an account necessary for the performance of this Contract as required by the Lender;
9. submit a written withdrawal application and relevant documents for the purpose of the loan to the lender, and go through relevant withdrawal procedures;
1. The Borrower has submitted to the Lender a resolution and power of attorney that the board of directors or other competent departments agree to sign and perform this Contract;
11. The Borrower has not violated the provisions of this Contract;
12. Other withdrawal conditions stipulated by law and agreed by both parties.
13. The borrower shall provide proof of his existing assets, which shall be signed by himself and his immediate family.
article 6 loan issuance
after party b agrees to party a's loan application, party b will transfer the loan to the bank settlement account provided by party a: (bank (accurate
to the sub-branch): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Account name: _ _ _ _ _ _ _ _ _ _ _ _ _;
account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _).
if the borrower fails to obtain the loan due to the borrower's own reasons or the reasons of a third party, rather than the lender's reasons, the lender will not bear any responsibility.
Article 7 Repayment
After the loan is due, Party A will transfer the principal interest to the bank settlement account provided by Party B: (the opening bank (accurate to the sub-branch): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Account name: _ _ _ _ _ _ _ _ _ _ _ _ _; Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. The loan under this contract is repaid by:
□ equal monthly repayment of principal and interest:
The monthly interest rate of the loan is determined according to Article 4 of this contract, and the monthly repayment of principal and interest by Party A is RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. □ repay the interest on a monthly basis, and repay the principal when it is due:
determine the monthly interest rate of the loan according to Article 4 of the Contract, and the amount of interest repaid by Party A on a monthly basis is RMB (in words)
______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
when the loan expires, party a will repay the principal amount in one lump sum (in words).