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Anonymous users2024-02-07According to the relevant laws and regulations, as long as the IOU is played in accordance with the law, it is legally valid.
The relevant law provides for the Contract Law of the People's Republic of China
Article 197: Loan contracts shall be in written form, unless otherwise agreed upon between natural persons.
The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 198 When entering into a loan contract, the lender may require the borrower to provide security. The guarantee shall be in accordance with the provisions of the Guarantee Law of the People's Republic of China.
Article 199 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
Article 200 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.
Article 201: Where a lender fails to provide a 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.
Article 202 The lender may, in accordance with the agreement, inspect and supervise the use of the loan. The borrower shall provide the lender with relevant financial and accounting statements and other materials on a regular basis in accordance with the agreement.
Article 203 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.
Article 204 The interest rate on loans of financial institutions handling loan business shall be determined in accordance with the upper and lower limits of the loan interest rate stipulated by the People's Bank of China.
Article 205 The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.
Article 206 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 uncertain 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.
Article 207 Where the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
Article 208 Where a borrower repays a loan in advance, interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.
Article 209 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period. If the lender agrees, it can be extended.
Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.
Article 211:Where there is no agreement on the payment of interest in a loan contract between natural persons or the agreement is not clear, it shall be deemed that interest is not paid.
Where the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the provisions of the state on restricting the interest rate on borrowing.
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Anonymous users2024-02-06Specify the lender, borrower, amount borrowed, and time of repayment. Finally, the borrower should sign (leave a fingerprint) and indicate the year, month and day.
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Anonymous users2024-02-05Write down the situation and make a bank transfer. The court has now decided that these two elements are the standard.
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Anonymous users2024-02-04The names of both borrowers, ID numbers; the purpose of the borrowing; Borrowing currency, amount (upper and lowercase), interest rate; the term of the loan; repayment method; Dispute resolution method (negotiation first, and then filing a lawsuit in a court if the negotiation fails, etc.). There are also others, such as liability for breach of contract and whether or not to provide guarantees. Finally, the borrower and the borrower on the IOU sign + press their fingerprints, and if there is a guarantor, the guarantor must also sign + press their fingerprints.
Also, don't forget to write the date of signing.
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Anonymous users2024-02-031. The writer of the IOU must be written by the borrower, not by the lender, so as to prevent the borrower from refusing to recognize the validity of the IOU on the grounds that the lender has written the content without authorization. 2. Try to be concise and clear as much as possible, and don't use ambiguous language, such as: A borrows B 10,000 yuan.
Such language does not make it clear who is borrowing money from whom, and it should use "lend" instead of "borrow", and there is no clear direction. Poor cash flow is a common problem we encounter, and once we have insufficient funds, we will borrow from relatives, friends or borrowing institutions. It can be said that IOUs are the most common type of contracts we come into contact with in our daily lives, and we also need to pay attention to the legal effect of IOUs to avoid losses.
IOU: refers to the note written to the other party when borrowing cash or goods from an individual or public person, which is an IOU. After the money and property are returned, the slip maker takes back the slip, which is invalid or torn.
It is a voucher instrument. It is usually used in daily life as well as in business management.
Borrower: refers to an enterprise, institution or individual that borrows monetary funds from a lender with its own credit or property as a guarantee or a third party as a guarantee in credit activities.
Lender: refers to a person or financial institution that uses credit funds or free funds to issue loans to borrowers in lending activities.
Including: the name of the creditor, the amount of the loan (in local and foreign currencies), the calculation of interest, the time of repayment, the penalty for default (delayed repayment), the method of dispute resolution, as well as the name of the debtor, the date of the loan and other elements. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan (although added later) are present, the main elements of the IOU are met, and therefore it has legal effect.
Once a dispute arises, it can be used as evidence to claim the creditor's rights from the people's court, and the people's court will also accept it.
Legal basis: Article 668 of the Civil Code? The loan contract shall be in written form, unless otherwise agreed upon between natural persons.
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Anonymous users2024-02-02Legal analysis: IOUs are generally composed of three parts: title, text, and payment, and what matters do IOUs need to be injected: 1. IOUs must be standardized when making IOUs, try to use carbon and other ink that is not easy to fade and change, indicate the currency before the amount of the loan, and use capitalized Chinese characters, and also fill in lowercase Arabic numerals in parentheses.
2. Don't use polyphonic and polysemantic words. 3. The IOU must be filled in by the debtor himself. 4. Keep the IOU properly.
5. Timely reminder, after the expiration of the loan, the creditor should request the debtor to return the loan in time.
Legal basis: Article 660 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 vertical inter-state loan of natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.
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Anonymous users2024-02-01The IOUs with legal effect are as follows: 1. It is better for the IOU to be handwritten by the borrower, but it is necessary to pay attention to the writing specifications. 2. The date of the loan - it must be written clearly, preferably to the date. 3. If the loan amount is spine, it should be capitalized in Arabic numerals and jujube bold Chinese at the same time, and the currency should be clearly written.
4. Try to choose the method of bank transfer for the delivery of the money, and you can specify the date of receipt and transfer of the money by the other party in the IOU.
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