There is a formal format for guarantor IOUs, and a standard format for guarantor IOUs

Updated on society 2024-03-09
5 answers
  1. Anonymous users2024-02-06

    Loan (guarantee) contract.

    Party A (Lender):

    Party B (Borrower):

    Party C (Guarantor):

    Party B borrows money from Party A for production and operation working capital, Party A agrees to issue loans to Party B, and Party C provides guarantee for Party B's loans

    First, the amount of the loan and the term of the loan.

    Party B borrows RMB from Party A, and the loan term is from XX-XX-XX to XX-XX-DD.

    Second, the amount borrowed.

    The amount of this loan is RMB (RMB).

    Third, the method of loan disbursement.

    Within 3 days of the signing of this agreement, Party A will deliver the loan to Party B in cash, and Party B will issue a cash receipt for Party A at the same time.

    Fourth, the repayment method.

    The repayment method of this loan is cash repayment.

    7 days before the expiration of the loan term, Party A notifies Party B, and Party B shall raise funds to prepare for repayment after receiving the notice.

    Before the expiration of the loan term, Party B shall repay the loan principal to Party A in accordance with the agreed method, and Party A shall issue a receipt to Party B, and Party B shall keep the repayment receipt.

    Fifth, the guarantee clause.

    Party C agrees to provide security for the loan contract between A and B.

    Party C agrees to use its own property as collateral for Party B's loan from Party A, and to go through the mortgage guarantee procedures with Party A before the signing of this Agreement.

    If Party B fails to repay the loan upon the expiration of the loan term, Party A may dispose of the collateral provided by Party C in accordance with relevant laws and regulations, and shall be repaid in priority for the relevant price.

    Scope of Party C's guarantee: the loan principal, interest (including compound interest) and penalty interest under this contract; liquidated damages, compensation, compensation; Costs paid to enforce claims and pledges (including, but not limited to, attorneys' fees and litigation costs incurred by the defaulting party).

    6. Liability for breach of contract.

    If Party B fails to repay the loan upon the expiration of the loan term, it shall be deemed to be in default, and the interest shall be calculated at 4 times of the bank's loan interest rate for the same period before the repayment of the loan as liquidated damages.

    7. Dispute Resolution.

    Disputes arising from the execution of this Agreement shall be settled by the two parties through negotiation, and if the negotiation fails, it shall be submitted to the people's court where Party A is located for adjudication.

    8. Miscellaneous.

    This Agreement shall come into force on the date of signature by both parties and Party A shall deliver the loan to Party B, and Party B shall not change this Agreement without the permission of the other party.

    This Agreement shall be executed in two copies, one for each of the three parties.

    Lender: (Signed) Borrower: (Signed) Guarantor: (Signed).

  2. Anonymous users2024-02-05

    An IOU is a note written to a person or public person when they borrow money or goods. After the money or property is returned, the person who makes the note takes back the IOU, which is invalid or torn up. It is a voucher instrument.

    It is usually used in daily life as well as in business management. Today, I will introduce to you the model IOU format with a guarantor.

    Sample IOU format with guarantor.

    Party A (lender) :* ID number: **place of residence:**

    Party B (Borrower): ID Number: **Domicile:**

    Party C (guarantor) :* business place: **Legal representative:**

    In accordance with the relevant laws and regulations, Party A, Party B and Party C hereby conclude Article 1 of this contract The loan amount, loan term and interest rate The loan amount under this contract is RMB (uppercase): lowercase): The loan term is from XX-XX-XX to YYYY-MM-DD, and the annual interest rate of the loan

    Article 2 Purpose of borrowing: The borrower needs a sum of funds.

    Article 3 Party C's Guarantee Liability Guarantee Method: Joint and Several Liability Guarantee. Warranty period: two years after the expiration of the term of this contract.

    Scope of guarantee: the loan principal, interest, overdue interest, liquidated damages and all expenses (including litigation costs and attorney fees) for the lender to realize the creditor's rights under this contract

    Article 4 Loan delivery.

    After the two parties sign the "Loan Contract", Party B shall, within 10 working days, pay the borrowed funds in RMB (capitalized) by bank transfer to the account designated by Party A in accordance with the provisions of this contract.

    Article 5 Repayment and interest on loans.

    1. Repay all the principal at one time when the loan matures;

    2. Party B shall pay the interest in full each time and shall not be in arrears.

    3. The interest and principal repaid by the borrower shall be remitted to the lender's bank card by bank card transfer

    Account Name:**Opening Bank:**Card Number:**

    Article 6 Rights and obligations of Party A and Party B.

    1. Use the loan in accordance with the purpose agreed in this contract;

    2. Repay the principal and interest according to the time agreed in the contract;

    3. Party B shall provide loans to Party A in accordance with the agreed term and amount; Article 7 Liability for Breach of Contract If Party A fails to repay the principal and interest at the time agreed in this contract, it shall be deemed to be in breach of contract, and Party A shall charge liquidated damages for the overdue part of the principal and interest on a daily basis until all the principal and interest are repaid, and bear all the expenses (including litigation costs, travel expenses and attorney fees, etc.) paid by the lender for the realization of the creditor's rights.

    Article 8 This contract shall come into force after being signed or sealed by A, B and C Article 9 In the event of a dispute or controversy arising from this contract, the three parties may resolve it through negotiation, and if the negotiation fails, they may file a lawsuit with the people's court.

    Article 10 This contract shall be executed in triplicate, and Party A, Party B and Party C shall each hold one copy.

    Party A (signed or sealed): Party B (signed or sealed):

    Party C (signature or seal): Legal representative:

    The sample IOU format with guarantor is introduced above and is for your reference only. The guarantor's role in the loan is to guarantee the repayment, and if there is no repayment, the guarantor needs to bear joint and several liability, so don't just give people a guarantee.

  3. Anonymous users2024-02-04

    Legal Analysis: For an IOU to be legally valid, it should have the following:

    1. The full legal names of the borrower and the lender should be clearly written;

    2. The amount of the loan should be clearly written, including the uppercase and lowercase amount;

    3. The time limit of the loan should be clearly written, including the start and end date of the loan and the clear loan period;

    4. The specific date, month and date of repayment should be clearly written;

    5. The interest of the loan should be clearly written, the annual interest rate or monthly interest rate should be clear, and the total amount of interest on the loan should be paid (including the uppercase and lowercase amount of the Lingwang Peng) and other agreed rules;

    6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly written;

    7. There should be a signature, handprint or handwritten signature of the borrower himself.

    Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

  4. Anonymous users2024-02-03

    Legal analysis: If the loan specified in the IOU is true and legal, and the guarantor voluntarily assumes the responsibility for the guarantee, it is valid. It is recommended to clarify the guarantee method and scope provided by the guarantor, such as stating the joint and several liability guarantor, guaranteeing the repayment of the loan principal and interest, leaving the identity information of the guarantor, and preferably leaving a copy of the ID card with a signature and seal.

    Legal basis: Article 687 of the Civil Code of the People's Republic of China Where the parties agree in the guarantee contract that when the debtor fails to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee.

    The guarantor of the general guarantee shall have the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform the debt in accordance with the law, except in one of the following circumstances:

    1) The debtor's whereabouts are unknown and there is no property available for enforcement;

    2) the people's court has accepted the debtor's bankruptcy case;

    3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts;

    4) The guarantor waives the rights provided for in this paragraph in writing.

  5. Anonymous users2024-02-02

    Legal analysis: first write the full legal names of the borrower and lender; The content includes: the amount of the loan in large terms, including the amount in uppercase and lowercase; The term of the loan, including the start and end date of the loan and the clear term of the loan; the specific date of repayment; The interest on the loan should have a clear annual interest rate or monthly interest rate, and the total amount of interest on the loan that should be paid (including the uppercase and lowercase amounts) and so on. The year, month, date, time and payment method of repayment of the principal and interest of the loan.

    The name of the guarantor, the scope of the guarantor's guarantee.

    Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when all parties sign it, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

    When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

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