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When borrowing problems

Changsha private lending is one of the oldest private financing. Rapid economic development will be accompanied by active investment and financing activities, but Bank lending restricted, particularly under conditions of personal and small business loans limited, private lending naturally becomes a form of financing. But since private lending often occurs in between natural persons or between natural persons and SMEs, compared with bank loans exist process, irregular and insufficient legal awareness of risk prevention and control in the form of questions, leading to private lending disputes is rising rapidly and the trend of recent years. Therefore, the risk when lending is very important, following the point-by-point presentation:

1 name, loan contracts risk

many people signed loan contracts do not pay attention to the name of the loan contract when writing "borrow" and "ious" mix. Both names can prove the existence of debtor-creditor relationship, but they are not the same. A promissory note is based on the loan form; ious occurs mainly in buying and selling, credit and trading activities in the process based on the facts. B determine whether the ious valid depends on the legality of borrowing; IOUs of legally valid and otherwise key is whether transactions in accordance with provisions of laws and regulations, violations against engaging in the transaction is invalid. C starting time of limitation of different: promissory note litigation prescription claim repayment from the debtor from the creditor, but was rejected by the debtor of the day after commencement; limitation of ious issued ious starting on the day of calculation.

2, interest, contract risk

many natural persons do not pay attention to the interest in the borrowing agreement, some even ignore the problem. According to the provisions of the regulations, for borrowings of no interest, and interest is not calculated during the loan period. And if interest agreed by the excessive, the Court can only support 4 times times interest on bank loans over the same period, the excess shall not be supported.

3, guarantor risk qualification

in order to secure the loan, borrowers will sometimes agree to guarantors to guarantee the loan. But in practice both lenders and borrowers tend to ignore the subject proper of the guarantor's problems. According to regulations, security without civil capacity person, person with limited civil capacity, government agencies, social organizations, institution, Corporation or other economic organization functions or corporate branches, then these guarantees may not have legal qualifications. Meanwhile, we also advise borrowers to the guarantor's solvency had prior knowledge.

4, secured by the mortgage-related risks

in order to ensure the purpose of the contract, mortgage terms private lending in Changsha has become increasingly common in the contract. Mortgage terms to pay special attention to are: a real estate mortgage: mortgage take the mortgage registration, mortgages since the inception of registration. B the chattel mortgage: mortgage, mortgage contract has come into force to establish, but personal property (such as motor vehicles) not registered cannot be used against a bona fide third party. C movable floating charge, should register with the industrial and commercial administrative departments of the domicile of the mortgagor. D pledge. Conclude a pledge contract shall note that the pledge of movable property belonging to the laws and administrative regulations prohibit the transfer of personal property. To fund the pledge of shares, equity, should also apply for registration, set up such quality right from the time of registration.

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