How to write an IOU between a company and an individual, and what attachments need to be added

Legal analysis: 1. The title must be written with the word "IOU", and must not be deliberately miswritten as an "IOU" by others, special attention: although the money is in others, the legal result is completely different; 2. Be sure to indicate "how much cash and how much yuan you borrowed today, and indicate how much roundness in capitalization."

Special attention: verify that the capitalization is consistent, if the capitalization amount is inconsistent, the uppercase amount will prevail in judicial practice; 3. Be sure to write the name of the lender and the ID number correctly, and be sure to write the name and ID number of the borrower at the same time, so as to avoid problems such as verifying whether the borrower's identity is the same in the event of a dispute in this state; 4. If it is not certain when the borrower is required to return the loan, it is recommended that the lender do not write the return date, so that the statute of limitations can be guaranteed for 20 years, and the statute of limitations will not be exceeded and cannot be recovered due to a moment of forgetting. Anyone who knows the law knows that there is not much difference between writing a return date and not writing a return date.

5. If interest is requested, it must be clearly stated, and the law stipulates that if the interest is not clearly agreed, the interest will not be supported if the interest is not paid when it is returned; 6. The IOU is best to copy the borrower's ID card on the A4 paper on the front and back of the paper, and then write the IOU at the upper end.

7. Because he is borrowing money from creditors, and the initiative is in the hands of creditors, it is not a problem to improve the procedures before borrowing money.

Legal basis: "Senyu Civil Code of the People's Republic of China".

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

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

Article 669 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.

The IOU lent by the individual to the company should generally indicate how much is owed (uppercase and lowercase), promise when to pay it off, if it is not paid off, calculate it according to the bank interest rate, etc., and finally stamp the official seal of the unit or press the fingerprint, sign the name, and write the date. You can refer to the following: If you owe RMB (capitalized) yuan (yuan), it is scheduled to be paid before the bend of the ridge, and if it is not paid when due, the liquidated damages shall be paid according to the standard.

Signature and seal) Year Month Date Article 108 of the General Principles of the Civil Law of the People's Republic of China [Repayment of Debts] Debts shall be repaid. If the debtor is temporarily unable to repay the loan, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

The company shall specify the following matters on the personal IOU:

1. Write down the company's name, address, legal representative and other basic information;

2. Write down the basic identity information of the borrower; Shirt beams.

3. Specify the amount of borrowing and upgrading, the interest or withering rate, the term and the repayment method, etc.;

4. Breach of contract clause;

5. Both parties sign or seal and indicate the date.

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 between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

The IOU lent by an individual to the company should be written clearly (uppercase and lowercase), promise when to pay off, if not, calculated according to the bank interest rate, etc., and finally stamped with the official seal of the unit or according to the fingerprint, sign the name, and write the date. You can refer to the following: If you owe RMB (capitalized) yuan (yuan), it is scheduled to be paid before the date of xx, xx, and month, and if it is not paid when due, you will pay liquidated damages according to the standard.

Signed, stamped) year, month, and day.

Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that when a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans and loans. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights vouchers initiates a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.

The IOU between the company's and the company generally consists of three parts: the title, the text, and the payment. The title is generally written in a large font in the middle of the upper middle of the text. The text should clearly state what person or unit, what thing and quantity, and the date of repayment should be noted in a hidden stool.

If the IOU issued by an individual is to be signed with the name of the debtor, the date of the IOU, the name of the unit and the official seal and the seal of the legal person.

1. How long is the validity period of the personal IOU?

It works all the time. If there is no agreed repayment period, the borrower may return it at any time, and the lender may request repayment at any time.

2. The difference between an IOU and an IOU.

The nature of IOUs and IOUs is different, and the reasons for their formation are different, borrowing is mainly due to borrowing, while arrears may be due to sales, leases, interest, etc.

If there is no agreed repayment date, then the creditor can claim it at any time, and the limitation period shall run from the time when the debtor refuses to repay, and the maximum limitation period shall not exceed 20 years, and if the repayment period is agreed, the limitation period shall start to run from the expiration of the repayment period.

If there is no agreed repayment period in the IOU, the statute of limitations shall be calculated from the date on which the arrears are formed, and if the repayment period is agreed, it shall be calculated from the expiration of the repayment period. In other words, the statute of limitations is the same for IOUs and IOUs that have agreed on the repayment period, and there is a difference between IOUs and IOUs without an agreed repayment period.

For IOUs without a repayment period, the lender can request repayment from the borrower at any time, and the statute of limitations starts from the time when the right holder asserts its rights, and the validity of the IOU can be up to 20 years.

The right holder shall claim its rights with the people's court within two years from the date of issuance of the IOU, that is, the statute of limitations shall be calculated from the date of issuance of the IOU if the IOU has not been performed.

An IOU is generally composed of three parts: the title, the text, and the payment.

a) 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. There are also the words "Temporarily Owed" or "Owed" written in this position as the title, but the body of the title is written in the top box of the next line.

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 signature of the person handling the payment must be signed, and the name of the debtor must be signed on the IOU issued by an individual. 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.

IOU, this unit.

Name and address of the unit) due to the need for capital turnover, in deficit.

ID number: cash yuan (uppercase:

meta). It has been agreed upon by both parties in the year and month.

It was all paid off a few days ago. Here's what to do! Debtor (debtor): sign and remarks according to the handprint year, month and date: all numbers must be capitalized, and the place of signature must have the official seal of the unit at the same time.