Loan contract template features
1. The lender must be a specialized financial institution approved by the state, including the People's Bank of China and specialized banks. Specialized banks refer to the Industrial and Commercial Bank of China, the People's Construction Bank of China, the Agricultural Bank of China, the Bank of China and credit cooperatives, etc. Credit business across the country can only be handled by national financial institutions, and no other unit or individual has the right to enter into a lending relationship with the borrower.
2. Borrowers generally refer to enterprises owned by the whole people and collectively that implement independent accounting and are responsible for their own profits and losses. State agencies, social groups, schools, research units and other units that implement fiscal budget allocations do not have the right to apply for loans from financial institutions. Under special circumstances, urban and rural individual industrial and commercial households and farmers who implement the production responsibility system can also become the subject of loan contracts and sign loan contracts with banks and credit unions.
3. The loan contract must comply with the requirements of the national credit plan. A credit plan is a prerequisite and condition for signing a loan contract. The borrower must apply for a loan from the lender in accordance with the national approval and credit plan; the lender must sign a loan contract with the borrower under the conditions that comply with the credit policy of the national credit plan. Extra-plan loans must be strictly controlled.
4. The subject matter of the loan contract is RMB and foreign currency. RMB is my country's legal currency and the main subject matter of the loan contract. Foreign currency is mainly used for borrowing by Sino-foreign joint ventures and other units that need foreign exchange loans. In the foreign currency loan contract, it should clearly stipulate what currency is borrowed and what currency is repaid (including the calculation of interest)
Other matters of loan contract template
The rights and obligations of the lender
In the loan contract, the lender shall not take advantage of its advantageous position to deduct interest from the principal in advance. If interest is deducted from the principal in advance, the loan will be returned and interest calculated based on the actual borrowed amount. The lender shall not disclose the borrower's business secrets to a third party, otherwise, it shall bear corresponding legal liability.
The main rights of the lender include:
(1) The right to request the return of principal and interest.
(2) The right to supervise and inspect the use of borrowings. The lender can supervise and inspect the use of the loan as agreed.
(3) The right to stop issuing loans, withdraw loans in advance and terminate the contract. If the borrower fails to use the loan for the agreed purpose, the lender may stop issuing the loan, withdraw the loan in advance or terminate the contract.
The editor recommends:
The loan contract template is a free template. You can get the source file by downloading it, which can be edited, modified and replaced by you. Huajun Software Park also providesTransport contract template,Labor subcontracting contract templatedownload.
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