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What should be paid attention to in private lending

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What should be paid attention to in private lending


        

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  • 2024-05-26 12:01:41

    Private lending should pay attention to the following issues:

    1. It is necessary to issue written materials proving the existence of the loan facts, such as the IOU, IOU or loan contract.

    2. The agreement on the interest shall not exceed four times the market quoted interest rate of one-year loan when the contract is established. If it exceeds, the interest of the excess part will not be protected by law.

    3. Pay attention to clearly stipulate the repayment date, loan amount, loan purpose, etc.

    [Legal Basis]

    Article 680 of the Civil Code prohibits usurious lending, and the interest rate of borrowing may not violate the relevant provisions of the State. If the loan contract does not stipulate the payment of interest, it shall be deemed that there is no interest.

    If the loan contract does not clearly stipulate the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or parties' trading methods, trading habits, market interest rates and other factors; Borrowings between natural persons shall be deemed as interest free.

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