Effective, the official seal of the unit has sufficient legal effect, and with the signature of the relevant person in charge of the unit, the legal documents are very sufficient.
Because whether the IOU is valid or not, we must first consider the fact of borrowing, which is the first factor for the court to review the loan case at present. Because only the official seal does not have the signature of the legal representative or entrusted agent, it is certain that the fact of borrowing needs special examination. I'm afraid the fact of borrowing needs to be considered comprehensively in combination with remittance and other conditions.
As long as it is signed by both parties (the best content is also written by the borrower), and the content does not violate the law (such as usury), it is legally binding. Pay attention to the basic content to be clear.
1. Information of both parties
2. The IOU is the true intention of the parties (there is no coercion, fraud, etc.). )
3. The parties have the capacity for civil liability. He is a person with full capacity for civil conduct. (IOUs signed by fools, mental patients, minors, etc. are invalid. )
4. Legal reasons for borrowing. (Not supported by the gambling lending law)
5. If the repayment date or maturity date is written on the IOU, it must be within the maturity date before the law can support it.
6. The participation of the third party is not a necessary condition for establishing IOU. Without a third party.
7. The loan must be stamped with a fingerprint.
Second, matters needing attention in writing IOUs
1, write the name accurately.
It is common sense that borrowers usually sign their own names when issuing IOUs, but some people have scientific names (big names), nicknames (nicknames), characters, numbers and nicknames, and some names have different pronunciations. As a legal document indicating the loan relationship between the two parties, the signature of the IOU should be accurate, standardized and rigorous, and it should be signed in strict accordance with the legal name on the ID card. As lenders, we should attach great importance to the borrower's signature. Generally, the borrower is required to carry his ID card, sign it according to the name on the ID card, and attach the ID number, so as to be safe. Some people may think that this proposal makes a mountain out of a molehill, but it can save a lot of trouble when there is a real dispute. I once represented a case in which the borrower's name was homonym. The borrower later denied that he had the loan and that the borrower on the loan was himself. In the end, he could only mention handwriting identification, which took a lot of effort. Similarly, the lender's name on the IOU should be accurate. I represented a loan case, because the lender's name on the loan note was homophonic, and the court filing court refused to file the case. Finally, I had to go to the household registration office of the police station and ask for a certificate saying that it was the same person. However, the police station did not know the situation and refused to issue a certificate. Looking for a certificate from the neighborhood Committee and then stamping it at the police station, it took a lot of detours to file a case. If the borrower is married, it's best for both husband and wife to sign together, so as to be prepared. Some people will use fake divorce to avoid debts after the economic situation deteriorates, and their spouses often refuse to admit debts because they are not clear about the loan situation and the loan is not used for family life.
2, clearly agreed interests.
Personal loans generally occur between relatives and friends, and some people are vague about whether to calculate the loan interest out of feelings, which has laid a hidden danger for future disputes. As the saying goes, "brothers, clear accounts" should be more clear in the money exchanges between relatives and friends, which is more conducive to maintaining friendship for a long time. Therefore, when borrowing money, it is necessary to clarify whether the loan is paid or unpaid, whether the interest calculation method of the paid loan is monthly interest or annual interest, and whether the interest is paid together with the principal or in advance. These situations should be clearly stipulated in the IOU to avoid disputes in the future. Generally speaking, the loan of private lending has no agreed interest and is regarded as interest-free. If it is an interest-bearing loan, according to the law, the maximum annual interest rate shall not exceed 36%.
3. Term of the loan
Lenders and borrowers may agree on the repayment period, or they may not agree on the specific repayment period. If a specific repayment period is agreed, the limitation period of action shall be 3 years from the date of expiration. The lender shall require the borrower to pay off in time within 3 years after the repayment period to prevent the loss of the right to win the case due to the expiration of the limitation of action. It is common for lenders to verbally urge repayment for many times. However, due to the failure to keep written evidence, it is very risky to provide evidence in time once faced with litigation. In fact, there is an easy way to solve this problem, that is, replace the "new peach" with the "old symbol". If the borrower is temporarily unable to pay off the debt at the time of dunning, he can ask the borrower to reissue the IOU before the expiration of the limitation of action, and exchange the new IOU for the old IOU, which can effectively avoid the expiration of the limitation. For loans with no agreed repayment period, the lender may ask the borrower to pay off at any time, but the other party shall be given reasonable preparation time.
Step 4 provide a guarantee
If the loan amount is huge, in order to ensure the safety of loan funds, the borrower should be required to issue a guarantee. There are two types of protection: property insurance and personal insurance. Property insurance means that the borrower uses his own or someone else's (usually real estate) as a guarantee' (with the consent of course), so it is more troublesome to handle the mortgage guarantee procedures. It is best to adopt PICC method and ask the borrower to provide a loan signed by relatives and friends with certain economic strength as collateral. The guarantee shall be joint and several, and the guarantee period shall be as long as possible and not shorter than the loan repayment period. Once it is found that the borrower's economic situation has deteriorated and he has lost the repayment ability, he should claim the guarantee responsibility from the guarantor in time to prevent the guarantor from not assuming the guarantee responsibility when the guarantee period expires.
5. Ask the borrower to write "receipt" instead of "loan"
If the borrower writes, "I borrowed RMB × 10000 today, and I will return it before a certain date", the loan itself cannot prove whether the money lender (creditor) actually paid the borrower (debtor) or whether the borrower got the loan. When there is a dispute in the future, the lender may say, "Although I borrowed money from him and he promised to lend it to me, he didn't give it to me. Therefore, it is better for the lender to ask the borrower to write: "XXX loan RMB × 10000 yuan has been received today" to prove that the lender has paid the loan to the borrower and the borrower has received the loan.
Third, the validity period of the loan.
(1) The term of validity of IOUs refers to the statute of limitations of IOUs, and the statute of limitations of IOUs does not affect the validity of IOUs.
As long as it is a legally signed and valid IOU, the IOU itself is valid no matter how long it takes. Time is only a matter of whether the guarantee exceeds the limitation of action and whether it will be protected by law.
As for the statute of limitations of IOUs, just like the statute of limitations of private lending, it depends on whether the repayment time is agreed. If the repayment date is specified, the limitation of action shall be calculated for two years from the day after the repayment date. If there is no agreed return time, the longest limitation of action is 20 years.
(2) What should I do if the IOUs exceed the limitation of action?
1. During the period beyond the limitation of action, both parties shall try their best to reach a repayment agreement on the original IOUs and IOUs through friendly negotiation. If both parties reach a repayment agreement on the original debt, the repayment agreement belongs to a new creditor-debtor relationship and should be protected by law.
2. If the limitation of action is exceeded and both parties cannot negotiate, one creditor may consider sending a notice of repayment due to the other party. If the debtor signs or seals the notice, it shall be deemed as a reaffirmation of the original debt, and the relationship between creditor's rights and debts shall be protected by law.
I believe that after reading the above introduction, you should know more or less that the official seal on the loan is valid. As long as it is signed and sealed, it has legal effect and can be used as evidence in civil litigation. The above is about the validity of the official seal on the IOU. I hope I can help you.