If you lend money to others in your own name, you'd better write an agreement with the other party, stating in the agreement that you are only selling a name to help the other party with the loan, and you are not responsible for repayment. If the other party is unable to repay the loan, the bank will handle the collateral to realize the mortgage.

Where a creditor needs security in order to ensure the realization of his creditor's rights in civil activities such as lending, buying and selling, he may establish a security interest in accordance with the provisions of other laws.

If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. Counter-guarantee shall be governed by other laws.

In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property.

The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

How to write a loan contract for others? Detailed format.

Entrusted loan contract

Name of borrower:

Domicile:

Legal representative:

Opening financial institution:

Account number:

Telephone: Postal Code:

Fax:

Name of Lender:

Domicile:

Legal representative:

Telephone: Postal Code:

Fax:

Date of signing the contract: year month day.

Place of signing the contract: province (city) and county (district)

Borrower (hereinafter referred to as Party A):

Lender (hereinafter referred to as Party B):

Party B accepts the entrustment of the principal and issues the entrusted loan with (monetary) funds to Party A. Party A and Party B have reached the following terms through consultation according to the terms agreed in the Entrusted Loan Contract (No.) proposed by the principal on, and the matters listed in the Entrusted Loan Notice, and in accordance with relevant national laws and regulations.

Article 1 The currency, project, type, amount, purpose, interest rate and term of the loan are as follows:

┌─────┬──────────┬───┬─────────────┐

│││││││││││││││││

├─────┼──────────┴───┴─────────────┤

│ │ Type │ │

├─────┼────────────────┬───────────┤

Amount (in words) (in figures)

├─────┼────────────────┴───────────┤

Use │ │ │ │

├─────┼────────────────────────────┤

interest rate

├─────┼────────────────────────────┤

Term of office │ year │ month (year by year)

└─────┴────────────────────────────┘

Article 2 Party A shall open a loan account and a deposit account in the business department of Party B for payment, repayment and interest payment.

Article 3 Party A shall submit the withdrawal plan to Party B before withdrawing money, and withdraw money according to the withdrawal plan. Party B shall issue the loan according to the agreed amount within working days after Party A handles the withdrawal procedures.

Article 4 Party A shall repay the loan principal and interest under this contract with the following funds:

1.

2.

3.

4.

Article 5 Party A shall repay all the principal and interest of the loan within the loan period agreed in this contract, and submit a specific repayment plan as required by Party B to repay the loan according to the repayment plan.

Article 6 Calculation and payment methods of interest. The loan under this contract shall bear interest at the interest rate determined by the client. Interest shall be calculated from the date when Party B issues the loan, and the interest shall be settled. During the validity period of this contract, if the interest rate is adjusted by the state or requested by the customer, Party B has the right to adjust the loan interest rate under this contract according to the customer's request, without notifying Party A, and interest will be charged at the new interest rate from the date of adjustment.

Article 7 The loan under this contract shall be guaranteed by the guarantor recognized by the client in the form of guarantee or (and) mortgage, and a guarantee contract shall be signed separately as an annex to this contract and a prerequisite for the entry into force of this contract.

Article 8 During the validity of this contract, Party B has the right to check the use of the loan, and Party A shall provide information and materials to Party B as required.

Article 9 Modification and rescission of a contract. After the contract comes into effect, if either party needs to change the terms of this contract or dissolve this contract, it shall be agreed by both parties through consultation, and the consent of the entrusting party shall be obtained if necessary, and a written agreement shall be reached by Party A, Party B and the entrusting party.

Article 10 Liability for breach of contract

1. If Party B violates the agreement in Article 3 of this Contract and fails to issue the loan on the agreed date and amount, it shall pay Party A a penalty of 0.0000 per day according to the amount of default and the actual number of days of default. Except in the case of item 2 of this article.

2. If Party A fails to use the loan according to the purpose agreed in this contract, Party B has the right to stop issuing the loan, recover part or all of the loan in advance, and charge% interest for the part that has been used in violation of the contract according to the regulations of the bank. Party B may directly deduct the loan and interest rate increase from Party A's deposit account.

3. If Party A prepays the loan without authorization, Party B has the right to require Party A to pay 0. 10% of the total loan in advance without obtaining the notice of prepayment from the principal; If Party B withdraws the loan in advance without authorization, it shall pay Party A a penalty of 0. 10% of the total loan in advance. Except for items 2 and 6 of this article.

4. If Party A fails to receive the customer's notice of deferred repayment and repay the principal and interest of the loan according to the repayment plan agreed in this contract, Party B has the right to collect the loan and charge% interest on the overdue loan.

5. If either party changes other terms of this contract or terminates the contract without authorization, it shall pay liquidated damages to the other party at one ten thousandth of the total loan amount.

6. During the validity period of this contract, if Party A or the guarantor mismanages in the production and operation process, or the mortgaged property is damaged or lost, which endangers the safety of the loan, Party B may recover the loan in advance according to the requirements of the client. If Party B withdraws the loan in advance, it can directly deduct it from Party A's account.

7. The payment method of liquidated damages listed in this article is agreed as follows:

Article 11 Other matters agreed by Party A and Party B:

Article 12 Ways to settle disputes:

Disputes arising from the performance of this contract shall be settled by both parties through consultation or mediation. If negotiation or mediation fails, you can apply to the contract arbitration institution in the place where the contract is signed for arbitration or with the people in the place where the contract is signed.

Article 13 Matters not covered in this contract shall be implemented in accordance with relevant national laws, regulations and financial systems.

Article 14 This contract shall come into effect as of the date when the legal representatives of Party A and Party B or their authorized agents sign and affix the official seal of the unit. If there is a guarantee contract, it will take effect at the same time as the guarantee contract. After all the loan principal and interest under this contract are paid off, this contract will automatically become invalid.

Article 15 The original of this contract is in duplicate, with each party holding one copy.

Party A: (official seal) Party B: (official seal)

Legal representative: (signature) Legal representative: (signature)

(or its authorized agent) (or its authorized agent)

Year, month, year, month, year

Place of signing the contract: province (city) and county (district)

How to sign an agreement with others to help you borrow money?

How to sign a loan contract when lending money to others?

To sign a loan contract, you should have the following main terms:

1. Names and domiciles of borrowers and lenders.

2. objectives. The object of the loan contract must be currency. Loans to natural persons can generally be paid directly in RMB.

3. The purpose of the loan. In the loan contract, both parties must fully negotiate and agree on the purpose of the loan in writing. The borrower must use the loan in accordance with the provisions of the contract, and the funds shall be used exclusively, and shall not be used for other purposes in violation of the provisions of the contract.

4. Loan amount. The loan contract must specify the loan amount. The loan amount is the loan index approved by the bank according to the borrower's application.

5. Loan interest rate. The state sets different interest rate ranges for various loans, which are managed by the People's Bank of China in a unified way and adjusted in time according to the development of the national economy.

6. Repayment period. The loan contract shall specify the repayment period. When the repayment period expires, the borrower shall repay the loan principal and interest in full.

7. Guarantee conditions. The guarantee conditions in China's loan contract mainly adopt the principle of material guarantee, and the borrower provides a certain amount of materials or commodities within the production and business scope as guarantee. If the borrower cannot provide material guarantee, with the consent of the lender, it may also provide guarantee in the form of guarantor. If the borrower breaches the contract, the guarantor shall bear joint liability according to law. This can avoid or reduce the risk loss of loans.

8. repayment method. The repayment method refers to the settlement method adopted by the borrower to repay the loan to the lender. Is it a one-time settlement or installment repayment? If it is by stages, the specific time, the amount to be repaid, etc. It should be stipulated. Or money transfer, or wire transfer and other ways.

9. Liability for breach of contract. In the loan contract, the liability for breach of contract should be clearly stipulated. Agreeing on the liability for breach of contract can urge both borrowers and borrowers to perform their respective obligations in strict accordance with the contract, and also facilitate the parties, arbitration institutions and institutions to determine their respective liabilities for breach of contract according to law.

10. Contract solution. The contract settlement method refers to the dispute between the borrower and the lender in the process of contract performance. If no settlement can be reached through self-negotiation, it shall be settled through arbitration by an arbitration institution or through people's litigation. Choose between them.

First, clearly defined in the terms of the contract.

1 1. Other terms. If both the lender and the borrower think that relevant matters should also be included in their contracts, they can also be used as terms of their contracts through consultation and clearly recorded in the contracts.

The loan contract shall be in written form, unless otherwise agreed by the parties.

Second, what should I pay attention to when lending money to others?

1. Limitation of action. It should be noted that if the loan has no agreed repayment period, the creditor can make a repayment claim at any time, which is not limited by the two-year statute of limitations. However, if the claim for repayment is not continued within two years after it is put forward, it will be deemed as exceeding the limitation of action and the law will not support it.

2. The plaintiff claims that the creditor's rights must provide written IOUs; If there is no written receipt or it cannot be provided, it shall provide the necessary factual basis or the testimony of two or more witnesses who have no interest in it to support its claim. An IOU or IOU is generally presumed to have been paid off when it is in the hands of the debtor.

3. The interest rate of private lending can be higher than the bank's interest rate, but it must not exceed 4 times of the bank's interest rate (including interest rate), but it must be clearly agreed that if there is no agreed interest, it will be regarded as an interest-free loan. If the agreement exceeds the bank's interest rate by 4 times over the same period, the interest in excess shall not be protected according to law.

4. The lender knows that the loan is used for gambling debts and other illegal acts, and its loan relationship is not protected. Illegal lending by both parties can be sanctioned according to relevant laws.

5. If the borrower refuses to acknowledge the IOU issued by the actor in the name of the borrower, and the actor cannot provide evidence, the actor shall bear civil liability. If the loan is used for husband and wife to live together, it shall be repaid by both husband and wife.

6. During the period of partnership operation, if an individual borrows money in the name of a partnership organization for partnership operation, it shall be repaid by the partners. If the borrower cannot prove that the loan is used for partnership operation, it shall be repaid by the borrower.

7. If the mortgage of the loan involves real estate, you have to go through the registration formalities with the relevant departments before you can fight against the third party.

8. If the creditor's rights document is notarized by compulsory execution, it may directly apply for compulsory execution without trial.

9. You must claim your rights from the guarantor within 6 months after the repayment period expires. If it expires, the guarantor generally does not assume the guarantee responsibility.

10. In order to extend the limitation of action, the reminder letter can be sent continuously by express mail, and the mail receipt must clearly indicate the contents sent.

How to write IOUs for others with legal effect?

Writing an IOU to help others borrow money should generally include the following contents: the name and address of the party concerned; The subject matter and quantity of the loan; Price or remuneration; Time limit, place and method of performance; Liability for breach of contract; Dispute settlement methods and other contents that should be included in the contract.

Article 470 of the Civil Code of People's Republic of China (PRC) The contents of a contract shall be agreed by the parties, and generally include the following clauses: (1) the names and addresses of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes.

2. An IOU is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated on the IOU. An iou refers to a bill written to the other party when borrowing personal or public cash or goods, that is, an iou.

After the money and goods are returned, the bill is revoked or torn by the bill holder. This is a document. Usually used in daily life and business management.

Three: From a legal point of view, an IOU is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. IOUs are usually documentary evidence used to prove the relationship between creditor's rights and debts, usually written by debtors and sent to creditors.

Four. A complete IOU shall include the following contents: the names, ID numbers, contact numbers, contact addresses and other information of the creditors and debtors; Loan amount (principal), loan purpose, interest calculation, loan date and repayment time; Liquidated damages (delayed repayment), handling methods, etc.

If there is a witness or guarantor, the information of the witness or guarantor shall also be indicated and signed accordingly.

IOUs should be written on complete paper with clear handwriting and specific content.

Five: IOUs are vouchers, so be careful when typing receipts.

An IOU is a written loan certificate issued by the borrower to the lender. In real life, IOUs will also be used by people with ulterior motives who are greedy for money as a means to cheat money, thus causing you to suffer relief losses. In addition, there are two issues related to lending funds and materials that need friends' attention:

Six: First, if you know that the other party will be used for illegal activities when you borrow money, don't lend money to the other party. According to the laws of China, the loan is not protected by law. If the other party doesn't pay back the money, it can't be protected through litigation.

Seven: Second, for the IOUs with agreed repayment period, the rights should be claimed within two years after the repayment period expires, that is, to the people. According to the law of our country, the limitation of action for the parties to request the people to protect their civil rights is two years. If the borrower fails to suspend, interrupt or extend the limitation of action to the people two years after the loan expires, it will lose the right to win the lawsuit.

How to write an IOU to others?

The most formal way is to write a loan contract. The contents include:

Party A (Borrower): name, gender, nationality, date of birth, occupation, address and ID number.

Party B (Lender): The writing is the same as above.

On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on loan matters for common compliance.

1. Party B lent Party A RMB100000 Yuan and delivered it to Party A a few days ago.

Two. Loan interest: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Iii. Term of the loan:

Four. Date and method of repayment:

Verb (abbreviation of verb) liability for breach of contract:

Dispute resolution of intransitive verbs;

1, both parties negotiate to solve the problem, and if the solution fails, they agree to submit it to the people of the district (optional clauses shall not violate the territorial jurisdiction and level jurisdiction, and the plaintiff, defendant, subject matter, place of contract signing and place of contract performance may be selected).

2. Submit to the Arbitration Commission for arbitration.

This contract will come into effect. This contract is made in duplicate, each party holds one copy, and the contract text has the same legal effect.

Party A (signature): Party B (signature):

Date of contract signing

(2) This writing is generally unnecessary and unnecessary. Generally, just write an iou. The IOU shall include the following contents: borrower, lender, loan amount, loan purpose, repayment time, loan interest, liability for breach of contract, whether there is guarantee, etc. For example: "Because of necessity, XXX borrowed RMB100,000 yuan from XXX with interest of. Cash receipt, as evidenced by this iou. The agreed repayment date is a certain day of a certain year. "

Note: 1. The borrower's signature is required. 2. The name of the borrower should be consistent with its ID card. It is best to have a copy of your ID card, and write the loan on it. 3. The date of signature must be clearly written.