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How to write an article to have legal effect? These five points need attention!
As long as there is no IOU: meaning that is not true, the contents of the law, the content is not clearly defined, the lack of signatures and seals and other arrears, are generally valid. I would like to ask the main question was originally asked, how to write IOUs, more standardized, and more to protect the interests of both?
Seemingly simple IOU, you do not necessarily write right ", the following simple to share to write" IOUs "often make mistakes and writing norms:
Error one: "IOU" and "IOU" regardless of?
In practice, writing "IOUs" as "IOUs" and "IOUs" as "IOUs" has caused many problems. As a result, they have caused unnecessary troubles and they even have to pay a penny back.
IOUs and IOUs are debt instruments, issuing IOUs also proves the debt incurred as a result of borrowing money and borrowing, and IOUs do not have this function, if the lawsuit also need to prove to the court IOU reason, if the purchase of goods, purchase, etc. Owed money, and writing IOUs. In other words, your rights costs are high. Therefore, to borrow money, we must write "IOUs" instead of "IOUs."
Errors II: IOUs write only Arabic numerals?
Many borrowers write an amount when they write an Arabic numeral, such as 1.5 million, which is not appropriate because the Arabic numerals can easily be tampered with. For example, the "1.5 million" in this loan sheet can easily be changed to 7.5 million with 9.5 million. You can also add 1 in front to become 11.5 million. When the mouth is really hundred Moore.
So how to write a standard loan amount? It should be noted that the actual borrowing amount should be marked with uppercase characters in the IOU, not the "one, two, three, four ......" but the capital "I, II, III, Pick up, Bai (strange), thousand (Qian). " In addition to the amount of borrowing, I suggest that the agreed date should be written in uppercase and lowercase. The reason is the same as above. Prevention has been tampered with. Experience in handling cases for many years tells us that the uppercase date is more important than the uppercase one.
Error three: "Borrow" should pay attention to "lend" or "borrowed"?
Example: Schwarzenegger by now Stallone 500,000 US dollars, December 30, 2019 repayments. Can you see whether Schwarzenegger "lent" $ 500,000 from Stallone or "lent" Stenlong $ 500,000 to Schwarzenegger? Yes, it is possible. This is because the word "borrow" existing here alone has two meanings. One is "finding someone else's borrow." This is the meaning of borrowing. The other means "lending it to others." The meaning of expression is exactly the opposite. Therefore, it is strongly recommended in the IOU that the word "borrow" be written as "borrowed" or "lent" depending on the circumstances and be combined with directional words so that it is hard for others to pick the wrong ones. Otherwise, you know the consequences.
Example: Bao-Qiang Wang borrowed 500 million yuan from Andy, now (hai) owed 1,000,000 yuan? Or is it still $ 1 million owed? Is it "hai" or "huan" in the IOU? Yes, by virtue of this IOU, really can not be sure, the difference is 300 million, not a small sum. I want to fight a lawsuit because of this matter, most people will scold the mother. It is recommended that you later write "huan" as "debt repayable" or "non-refundable".
Therefore, we can see from the above two cases that it is better not to appear in polygraphic notes in polygraphic terms, which means it is easy to create ambiguity and bring unnecessary troubles to yourself.
Error four: the two sides agreed interest only verbal agreement?
Generally short-term loaning friends and relatives, that is good by a few days or a week or two, will not be too concerned about the issue of interest. But often things are contrary to expectations, and sometimes arrears are delayed for six months, a year or longer, then the lender must feel that they have suffered a loss, claim interest afterwards. According to "Contract Law" stipulates that the loan contract between natural persons does not agree on the payment of interest or the agreement is not clear, as non-payment of interest. If the borrower only verbally agreed interest, the court generally will not support. So, be sure to clearly state the interest on the IOU.
The terms in the IOU should be accurate, and it is absolutely necessary to eliminate ambiguous terms such as "estimation", "may", "almost", "yes", "maybe" and so on.
Wrong 5: IOU "name or name" did not write the full name of the statutory?
Many private borrowing occurs between acquaintances, so many people do not pay attention to the full name in the IOU, such as the case of "Uncle Lee," the reality of the surname "Lee" certainly more than one uncle? If the person overdue repayment, the lender thought the court sued the borrower, often because the debtor is not clear and the court rejected the door, even the door of the court can not go. Therefore, the name of the natural person in the IOU must be the current legal name on the ID card or account. It can not be a name, a nickname, a nickname, a pen name, an anime name, a screen name, a job title, and so on.
If the borrower is an enterprise, it must be the full name of the enterprise on the business license. Do not write the abbreviation. The difference between the company name and the name of another company is almost. For example, Beijing Dark Blue Technology Co., Ltd. and Beijing Dark Blue Technology Co., Ltd. are two completely independent The main body.
In addition to write IOUs, we must confirm each other's civil capacity, such as minors or mentally ill people, without a proxy signed by the IOU is not legally binding, remember!
In addition, then add a few points to share:
Currency currency to write clearly, RMB, Hong Kong dollar, or the dollar? Write an article to handwritten, do not print; to the scene writing, the scene signed; payments, try to use bank transfer, do not use cash.
In view of the appearance of fading pen on the market, fake pen cases with fade pen sometimes occur, it is recommended paper and pen to choose durable storage, such as A4 paper and oily pen, prepared by the lender paper and Pen more appropriate.
It is best to use the article in duplicate, with each party holding one. If there were two identical IOs on both sides, it would be in vain for either party to do anything wrong.
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