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Personal experience can be used as a reference.
First of all, you transfer 400,000 yuan to him, (which can be counted as a bank notarization) interest of 40,000 yuan, and let him withdraw cash to you
Then write you an IOU with a clear date to return it to you, if you are not willing to take your own property as a mortgage, sign and add your own seal (it is best to find a notary public is the safest).
I have only borrowed a small amount of money, I have not lent a lot of money to others, I am a real estate business, and we usually operate like this.
But I haven't seen it and haven't returned it.
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The repayment time must be written, this is the most important thing, and the other party's financial resources are all mine? Is this important? It doesn't matter if it's me.
If it's not me, you have to use a real estate witness as a guarantee, then it's fine, it's better to have someone to do the guarantee) Also, how much money you give your boyfriend is best to write a note,
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As long as the borrower wants to rely on it, no matter how the contract is signed, it is not insured. A dime a month? The amount that exceeds four times the bank interest rate is not protected by law.
Usury was illegal in the old society, and the resurgence of the past two years stems from the fact that the efficiency of work is too low. In my county, 12 loan sharks have forced 12 people to death, and at 9 p.m. on April 1 this year, the loan sharks were killed instead!
Please stay away from loan sharks! Neither side is safe!
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Go to a local law firm and find a lawyer to be a witness!
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The notarization must be notarized by the notary office to be valid, the mortgage of the property right witness is valid, and the staff guarantee must be legal.
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Write the IOU clearly, the time, date, and repayment date, within 2 years, sign an agreement between you and your boyfriend or something, and make it clear how much money your boyfriend borrowed from you, and the number should be capitalized.
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Legal analysis: IOUs refer to the three elements of civil legal relations (subject, object, and content), and the following matters should be paid attention to when issuing IOUs: 1. Subject.
It is necessary to clearly express the subject of the creditor's rights and debts relationship, that is, who is the creditor and who is the debtor (note the ambiguity of the word "borrow"); When a natural person is the subject, the name on the ID card shall be checked, and the resident ID number shall be copied on the IOU when conditions permit; When the legal entity is the main body, it shall be stamped with the official seal of the unit. 2. Object. The unit of the amount should be clear, the amount should be written in traditional Chinese, and the ratio should be clear percentage, 10000 percent, and 10,000 percent.
3. Content. Be clear and take care to avoid ambiguity. The return date should be clear, and if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is a liquidated damages agreement, it should be stated.
If there is a guarantor, the method of guarantee should be indicated and the guarantor should be indicated. 4. In duplicate. It is advisable to have two copies of the documents, one for each party.
As a quick and convenient way to confirm, the slips are generally handwritten and the issuer is specific.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the leniency agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties clearly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear the responsibility for violating the contract before the expiration of the performance period.
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The IOU is generally composed of three parts: the title, the text, and the payment: Wang You's answer (1) title. The title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a large font in the upper middle of the text.
b) Text. The body of the IOU should clearly state who or what unit is owed, what quantity, and indicate the date of repayment. (3) Payment.
The name of the debtor's unit and the handwritten signature of the person handling the payment must be signed, and the name of the individual who filed the debtor's IOU must be signed if the IOU issued by the individual is signed. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.
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 incumbent wisdom of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
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Summary. Hello dear for your question, oh <>
How to write an IOU in order to be legally effective, it should be written like this: the IOU should have the following items: the name of the "IOU", the name of the debtor, the name of the debtor, the reason for the arrears, the arrears, the amount of arrears, the repayment period, interest, the signature and seal of the debtor, the date of issuance, etc.
How to write an IOU to be legally valid.
Hello dear for your question, oh <>
How to write an IOU in order to be legally effective, it should be written like this: the IOU should have the following items: the name of the "IOU", the name of the debtor, the name of the person to be owed, the reason for the arrears, the date of arrears, the amount of arrears, the repayment period, interest, the signature and seal of the debtor, the date of issuance, etc.
Big saffron jujube ride] <>
How to write a cash IOU before the law takes effect.
Is it OK to make a draft?
Pro, the cash IOU should contain the following contents: 1. The borrower's name, SFZ number, and address. The full name should be written in Bilan, which is the same as SFZ.
The borrower is personal and must be physically signed. 2. The writer is clear about the amount of the loan, and writes it separately in uppercase and lowercase form; 3. Write down the repayment deadline clearly; 4. Agree on the interest; 5. Clarify the repayment method; 6. Payment.
Dear, you can write according to the specifications sent to you by the teacher<>
Legal basis: Article 470 of the Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and the following clauses shall generally be included: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes.
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An IOU is legally valid and 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 dates of the loan and the clear loan period;
4. The specific date, month and date of repayment should be clearly written;
5. The interest on the loan should be clearly written, the annual interest rate or monthly interest rate should be clearly defined for the source year, and the total amount of interest on the loan should be paid at the end;
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.
Civil Code of the People's Republic of China
Article 668.
The loan contract shall be in written form, unless otherwise agreed upon between natural persons.
The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method. Article 671.
If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
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IOUs in order to be legally valid:
1. The full legal names of the debtor and the creditor;
2. The specific time and reason for the arrears;
3. The amount owed, including uppercase and lowercase amounts;
4. The specific time and payment method of repayment;
5. Liability for breach of contract for overdue repayment;
6. Finally, the arrears shall be signed, sealed or fingerprinted.
The relevant laws and regulations provide that if the plaintiff only files a private lending lawsuit on the basis of IOUs, receipts, IOUs and other creditor's rights vouchers, and the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove its claim. After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship.
Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony.
If the plaintiff files a private lending lawsuit solely on the basis of the transfer voucher of the financial institution, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, the defendant shall provide evidence to prove its claim. After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship.
Legal basis] Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 19: Where it is found to be a false private lending lawsuit, and the plaintiff applies to withdraw the lawsuit, the people's court shall not approve it, and shall make a judgment rejecting the request on the basis of article 112 of the Civil Procedure Law. Where litigation participants or other persons maliciously create or participate in false litigation, the people's courts shall impose fines or detention in accordance with the provisions of articles 111, 112, and 113 of the Civil Procedure Law; If a crime is constituted, AIR LIQUIDE shall be transferred to a judicial organ with jurisdiction for criminal responsibility. Where a unit maliciously creates or participates in false litigation, the people's court shall fine the unit and may fine or detain its principal responsible person or directly responsible personnel; If a crime is constituted, the transfer shall be transferred to a judicial organ with jurisdiction for criminal responsibility.
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For an IOU to be legally valid, it must be written in accordance with the subject, object, and content in order to be effective. Attention should be paid to the following matters in the issuance of IOUs: the subject should clearly express the subject of the creditor-debtor relationship, that is, who is the creditor and who is the debtor; Where natural persons are the main body, the name on the ID card shall be checked, and the resident ID number shall be copied on the IOU if conditions permit; where the legal person is the main body, the official seal of the unit shall be affixed; The unit of physical quantity shall be clear, the amount shall be written in traditional Chinese characters, and the percentage, one thousandth and one thousandth of the percentage shall be specified.
Article 206 of the Civil Code of the People's Republic of China provides that the borrower shall return the loan within the agreed time limit.
Article 206 of the Civil Code of the People's Republic of China.
The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still not possible to determine the balance in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
Teach you the difference between an IOU and an IOU.
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