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1. The full legal names of the borrower and the lender should be clearly written, with the signature of the borrower himself, his handprint or his own handwriting, and a copy of the borrower's ID card and marriage certificate should be collected.
2. The amount of the loan should be clearly written, including the uppercase and lowercase amount. Write down the time limit of the loan, including the start and end date of the loan and the clear loan term, and the specific year, month and date of repayment. Write down the date, time and payment method of repayment of the principal and interest of the loan.
3. The interest of the loan should be clearly written, and there should be 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 amount). The interest rate is up to 4 times the interest rate of the same type of loan from the bank. The interest rate of usury is not protected by the state.
4. The delivery of the money should be made by bank transfer as much as possible, and the date of receipt and transfer of the other party can be specified in the IOU. For transfers, you can note the purpose of the loan. A separate receipt of the money received by the borrower is required.
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There is no uniform format for IOUs, as long as the content is not illegal, it has legal effect after signing or sealing.
An IOU is a written document indicating the creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. IOUs are not illegal, and signatures or seals are protected by law.
Article 55 of the General Principles of the Civil Law: Civil juristic acts shall meet the following conditions:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) It does not violate the law or the public interest.
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How to write a formal IOU to have legal effect, meet the following conditions: the content of the IOU is clear. The basic includes:
The name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for default (delay in repayment), the method of dispute resolution, the name of the debtor, the date of the loan, and other elements.
1. The parties have the corresponding capacity for civil conduct.
2. The act of writing an IOU truly reflects its inner effect.
3. Do not violate the mandatory provisions of laws and regulations and the public interest.
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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, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in 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.
Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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To borrow money, you must make an IOU, otherwise there will be no evidence. Writing IOUs doesn't have to be handwritten. I don't want to write by hand, and it's embarrassing to sign in person.
These. The IOU said. can all help.
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How to borrow money is legal.
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Summary. Amount, time.
Hello. The focus is on the true expression of the intentions of both parties, and then the signature is pressed by fingerprints.
I need to write an IOU.
You just write things down.
Amount, time.
It's okay if both sides sign it.
Lend to someone for three years, 15 percent in the first year, 22 percent in the second year, and 28 percent in the third year, and receive interest on a quarterly basis.
This interest is illegal.
The law stipulates that the interest rate on private loans shall not exceed four times that of the LPR.
More than 16% can not exceed the maximum amount.
Then I can only write 16 percent, more than this number is not protected by law.
June 2021 LPR latest** is.
One-year term. As long as it doesn't exceed 4 times that.
Is the 3-year term the same base, so what reasonable way can I get my other interest?
It's different every year.
The LPR only has provisions for one year and more than 5 years.
My friend is opening a store, can I get other income in the form of subscribing shares?
As long as he agrees.
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Although it is a matter of course to repay debts, but in life borrowed money by friends and not repaid things also happen from time to time, and even many relatives are because of the borrowing of money and do not repay the matter of turning against each other, some friends because of the non-standard when writing IOUs, only to find out that the IOUs are invalid when they collect money later, today I will teach you how to write IOUs to have legal effect.
Our IOUs are usually composed of three parts, namely the title, the body, and the payment.
The so-called title is to write the word "IOU" in the middle of the body of the IOU, and the font of these two words is usually larger than the font of the text.
The main body of the text is to write clearly the content of the loan, such as the amount of borrowing from whom or what unit, etc., and the date of repayment needs to be indicated.
The payment must be signed, signed by the debtor and the person who handled it, and signed with the date of the IOU.
1. Use uppercase numbers to indicate the amount of confusion. Many borrowers will write Arabic numerals when writing IOUs, so that the loan amount can be easily changed, for example, 150,000 is easy to be changed to 170,000, so the IOU should also be written with uppercase numbers.
2. Distinguish between "IOUs" and "IOUs". Although IOUs and IOUs are debt certificates, but there is a difference in the functions of the two, the issuance of IOUs can prove that it is a debt arising from borrowing money, and IOUs do not have this function, IOUs are likely to be due to other reasons that cause the other party to owe you a sum of money, so write an IOU for you, if it is the money that everyone lends out, then be sure to write an IOU.
Generally speaking, an IOU must specify some content in order to be legally valid:
1. The full legal names of the borrower and the lender, as well as the ID numbers of both the borrower and the lender, need to be clear on the IOU;
2.The amount of the loan must be clearly written, and the amount of the loan should be included in both uppercase and lowercase; 3.The content of the IOU needs to clearly state the time of borrowing and the term of the loan; 4.
You need to write down the specific repayment time; 5.If it is a loan that requires the borrower to pay interest, then the interest of the loan should be clearly stated in the IOU, and the monthly interest rate or annual interest rate should be clearly stated, and the total amount of loan interest that the borrower ultimately needs to pay needs to be clearly written. 6.
The repayment method also needs to be clearly written. 7.Finally, the most important thing is to have the borrower's personal signature, handprint, or handwritten signature.
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An IOU is a written document indicating the creditor-debtor relationship, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. However, it is not necessary that all IOUs have legal effect. A valid IOU should be written in accordance with the following conditions:
1. The accompanying person has the corresponding capacity for civil conduct. 2. The act of writing an IOU truly reflects its inner effect. 3. The content of the IOU is clear.
It basically includes: the name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for default (delay in repayment), the way to resolve the dispute, as well as the name of the debtor, the date of the loan and other elements. 4. Do not violateLaws and RegulationsMandatory provisions and social public interest.
Legal basis
Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative laws, and do not violate public order and good customs.
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The IOU should indicate the names, addresses and other identity information of both the borrower and the borrower; the type and currency of the loan; the purpose, amount, interest rate and term of the loan; and the time, place, and method of repayment, etc., and meet the following requirements, it has legal effect: both the borrower and the borrower have the corresponding civil capacity; The meaning is true and legitimate; Do not violate public order and good customs.
Legal basisArticle 143 of the Civil Code.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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 680.
It is forbidden to lend at usurious interest rates, and the interest rate of the loan must not violate the relevant state regulations.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.
If the loan contract is not clear on the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money from each other, the suspect shall be deemed to have no interest.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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As the so-called brothers settle accounts, whether it is a friend or a relative, borrowing money needs to write an IOU to be considered formal. Writing an IOU is a guarantee for either party, and it is more reassuring. SoWhat is the writing of a regular IOU?
How to write it to have legal effect? Now, let's take a closer look at the law!
1. What is the writing of a formal IOU?
IOUs
Borrower: Name:
Gender: Trainees
Ethnicity: Date of Birth, Month and Month with Macro Day:
Home address:
ID Number:
Today to borrow RMB uppercase: Yuan whole lowercase: Yuan whole yuan, the term is months.
It will be paid off in a lump sum on XX/XX/YYYYYYYYYYYYYYYY
According to this. Borrower:
Guarantor:
Borrowing Date: YYYYYYYYYYYYYYYYYYYYYY
2. How to write a formal IOU to have legal effect?
1. The borrower's name, ID number, and address. The borrower is an individual and must sign in person, and the legal validity of an IOU signed by someone else will be disputed. For example, Zhang San borrowed money to sign Li Si's name, which will bring legal trouble to the lender.
2. The name of the borrower: the full name is required to be written, which is consistent with the ID card, and it is best not to write the code names of Sister Zhang, Brother Li, etc., so as not to have obstacles when claiming creditor's rights.
3. Write down the amount of the loan: for example, how much RMB is in RMB, write separately in uppercase and lowercase form, and the lowercase and uppercase amount should be consistent.
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