1. Is the IOU valid only with the signature of the legal representative?
It is valid. If the borrower is a company, it is best to have the official seal of the company. However, if only the legal person signs it, it can also be regarded as a company act, and the company should bear the debt responsibility, so the loan is valid.
According to general experience, an IOU is legal and valid as long as it includes the lender, borrower, loan amount, loan time and other main contents. Standard IOUs shall include the following contents:
(1) Write clearly the legal full names of the borrower and the lender.
(2) Write down the loan amount clearly, including the amount in words and figures.
(3) Write clearly the loan term, including the beginning, end, year, month, day and clear loan term.
(four) write clearly the loan interest, there should be a clear annual interest rate or monthly interest rate, and finally pay the total loan interest.
(5) The date, month, date, time and payment method of repayment of loan principal and interest shall be clearly written.
(6) The borrower's personal signature, handprint or handwritten signature shall be available.
Second, what problems should I pay attention to when writing IOUs?
The IOU itself must be a complete piece of paper, not a torn or scratched paper. There used to be a truth: a borrower repaid several times, and each repayment was written in the lower part of the loan. Finally, the lender tore off the second half, denied the fact that the borrower had repaid before, and sued the borrower for full repayment. The borrower used the torn part of the loan as a defense, and finally the judge accepted the borrower's combination with other documents and ruled that the lender lost the case.
1. The IOU must be written by the borrower, not by the lender, which can prevent the borrower from refusing to recognize the validity of the IOU on the grounds that the lender has written the contents without authorization.
2. IOUs should be as concise as possible. Don't use ambiguous language, such as: A borrows 10,000 yuan from B, and it is not clear who borrows money from whom. You should use "borrow" instead of "borrow", there is no clear direction.
3. Don't write the reasons for the IOUs, such as: Why do you want to borrow money from IOUs? This has nothing to do with the IOUs themselves. If we join it, it may lead to the civil behavior of conditional lending, which will lead the borrower to invoke this condition to defend.
4. Attach the ID numbers of the borrower and the lender as much as possible, which will be reflected in the IOUs, so as to avoid the unnecessary process of confirming the parties to the IOUs. Because sometimes some people's daily names are different from those on their ID cards. If the borrower uses a pseudonym or nickname to contact and write an IOU, then the signature of the IOU is seriously flawed.
And most importantly, the borrower's signature must be seen with his own eyes. If the borrower signs his name with someone else's hand, it will lead to the loss of the loan certificate. Therefore, don't accept a written loan or a written loan afterwards. Be sure to let the borrower write the loan in person.
IOUs are generally one of the main evidences of the establishment of the loan relationship between the two parties. IOUs must be written in accordance with legal norms in order to have legal effect. Secondly, if the IOU is a corporate act, it is best to affix the official seal, but if there is no official seal, the legal person's signature is also valid.