Entrusted loan issuance agreement
Contract number: _________
Party A: _________
residence:_________
Legal representative: _________
Opening a financial institution: _________
account number:_________
phone:_________
Postal code: _________
fax:_________
Party B: _________
residence:_________
Legal representative: _________
phone:_________
Postal code: _________
fax:_________
In order to better integrate the self-use of each unit, temporarily idle funds, ensure the safety of funds, accelerate capital turnover, and improve the efficiency of fund use, the agreement was negotiated through _________ and _________ as follows:
Article 1 Party A is willing to deposit RMB _________ yuan of self-use funds into Party B, open a special account for the entrusted loan fund, and use it for the loan project designated by Party A. Party B is responsible for issuing the entrusted loan within the amount of funds deposited. .
Article 2 Use of Loan: This loan is only for _________ and may not be used for other purposes;
Loan Amount: Party A entrusts Party B to lend RMB to the borrower for _________ yuan;
Loan interest rate: This loan is charged at an interest rate of _________% per annum;
Loan term: This loan is from the date of withdrawal by the borrower to _________ years _________ month _________ days, for a total of _________ days. If the borrower returns the loan in advance after the consent of Party A, the interest will be charged based on the actual days of use and the balance of the use.
Article 3 Entrusted loans for fixed assets investment projects must be included in the national fixed assets investment plan and obtained the right to approve the files before they can be processed.
Article 4 The entrusted loan project shall be examined and designated by Party A, and shall be submitted to Party B with the feasibility analysis report, relevant approval files, and enterprise financial statements. Party B or Party B shall investigate the entrusted loan project.
Article 5 After receiving the notice from Party A or Party B, the loan unit designated by Party A shall directly apply to Party B or Party B for the entrusted loan, sign the loan contract, and apply for the loan. A copy of the loan contract shall be sent to Party A.
Article 6 Party B shall prepare a quarterly monthly payment plan and repayment plan according to the financial income and expenditure plan and project progress plan of the loan project. Party A shall allocate funds to Party B according to the payment plan prepared by Party B.
Article 7 Party B shall recover the principal and interest of the loan as scheduled within the time limit agreed upon by the repayment plan. The principal and interest of the loan recovered by Party B shall be paid to Party A as soon as possible within _________ business days after the loan is recovered.
Article 8 If Party A reviews the mistakes of the project and causes economic losses, Party A shall be responsible for it, and Party B shall not bear economic responsibility.
Article 9 If Party B reviews the mistakes of the project and causes economic losses, Party B shall bear the economic responsibility and compensate Party A for the economic losses suffered by Party A.
Article 10 Party A has the right to inspect and supervise the use of loans. Party B shall submit the relevant information on the use of the loan to Party A in accordance with Party A's request.
Article 11 If the borrower fails to repay the principal and interest of the loan in accordance with the contract, Party B shall take the necessary economic sanctions against the borrower in accordance with the relevant provisions of the Industrial and Commercial Bank until the guarantor of the loan recovers the principal and interest and penalty interest deducted.
Article 12 For the entrusted loans under this contract, Party A may require the borrower to provide guarantees as needed. The guarantee method, guarantor and mortgaged property shall be examined and approved by Party A and specified in the notice.
Article 13 The entrusted deposits deposited by Party B on Party A shall be calculated on the basis of monthly interest rate _________ before the loan is lent, and shall be included in the entrusted deposit account of Party A on a quarterly basis; after the loan is lent, during the loan term, Party B shall pay the monthly balance of the loan. _________‰ Calculate the handling fee and collect it from the ____________ unit account. Party B will transfer the entrusted deposit and entrusted loan interest income into the account designated by Party A on a quarterly basis.
Article 14 The labor service fee shall be deducted from the interest income on a quarterly basis based on the _________ of the monthly loan balance. Party A's labor income is _________%, and Party B is _________%.
Article 15 The entrusted loan funds shall bear interest from the date of remittance from Party A according to the provisions of the loan contract, and Party B shall be responsible for repaying the loan interest and the labor service receivable by Party A and the principal due at maturity to Party A's account in a timely manner. And list it.
Article 16 Party B shall, within ____________ business days after each loan recovery, transfer the loan amount to Party A's account.
Article 17 The early withdrawal and extension of the entrusted loan shall be handled in accordance with the written notice of Party A.
Article 18 After the entrusted loan is recovered, Party A may withdraw the entrusted loan fund or designate a new entrusted loan project.
Article 19 The parties to this Agreement shall enter into force after being sealed and signed. After the contract is in force, neither Party A nor Party B may change or cancel it without authorization. In the event of a change to the terms of this contract or the termination of this contract, a written agreement shall be reached by mutual agreement. The entrusted loans are fully recovered and the entrusted funds are all withdrawn. This Agreement is naturally terminated.
Article 20 Liability for breach of contract
1. Party A fails to allocate funds to Party B as scheduled in accordance with Article 6 of this contract, causing Party B to fail to provide loans to the borrower on time and in accordance with the terms of the loan contract. Party A shall compensate Party B for the liquidated damages and compensation paid by the borrower.
2. If Party B fails to pay the principal and interest of the loan recovered as scheduled in accordance with Article 7 of this contract, Party A shall pay Party A _________ liquidated damages on a daily basis according to the unpaid amount.
Article 21 Declaration and Guarantee Party A:
1. Party A is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.
2. All the procedures required by Party A to sign and perform this contract _________ have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party A to have a material adverse effect on the performance of this contract.
4. The internal authorization procedures required by Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After the contract comes into effect, it will be legally binding on both parties to the contract.
Party B:
1. Party B is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.
2. All the procedures required by Party B to sign and perform this contract _________ have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party B to have a material adverse effect on the performance of this contract.
4. The internal authorization procedures required by Party B for the purpose of signing this contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party B. After the contract comes into effect, it will be legally binding on both parties to the contract.
Article 22 The two parties to the confidentiality guarantee the confidentiality of trade secrets obtained from the other party and not available from public sources. A party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the trade secret. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. The period of confidentiality is _________ years.
If a party violates the above-mentioned confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby.
Article 23 Force Majeure The term "force majeure" as used in this contract refers to objective events that cannot be foreseen, cannot be overcome, and cannot be avoided and have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events. Such as war, turmoil, government behavior, etc.
In the event that the contract cannot be performed due to the occurrence of a force majeure event, the party facing the force majeure shall immediately inform the other party in writing of the accident, and shall provide the details of the accident and the written information that the contract cannot be performed or needs to be extended within _________ days. After the two parties have approved, they will terminate the contract or temporarily delay the performance of the contract.
Article 24 Notice
1. All notices required to be issued under this contract, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and may be passed by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________.
3. The notice of change or the address of a party shall be notified to the other party in writing within ______ days from the date of the change; otherwise, the unrecognized party shall bear the corresponding liability arising therefrom.
Article 25 Dispute Resolution This contract is governed by and construed in accordance with the laws of _________.
The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:
1. Submit to the _________ Arbitration Commission for arbitration;
2. Prosecuted to the people's court according to law.
Article 26 The interpretation and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 27 Supplementary and subsidiary files The matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where laws and regulations do not provide for, Party A and Party B may reach a written supplementary agreement. The subsidiary files and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 28 Effect of the Contract This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix their official seals. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days. The original form of this contract is _________, each party holds _________ copies, and has the same legal effect; a copy of the contract _________ copies, and _________ is kept.
person A person B:_________
Legal representative: _________ legal representative: ______
_________Year ____________________________________________________________________________________________________________________________________________________________________________________________________________
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