个人借款合同英文.doc

个人借款合同英文
篇一：中国工商银行个人借款合同(中英文)
中国工商银行个人借款合同（中英文）
code no.: 741
china citic bank
personal loan contract
(version of 2012)
china citic bank corporation
china citic bank chengdu branch
borrower (hereinafter referred to as “party a”address:_________________________________________________________________________
lender (hereinafter referred to as “party b”
mortgageraddress:_________________________________________________________________________
according to the relevant laws and regulations of the <contract law of the people’s republic of china>, <guarantee law of the people’s republic of china> (<guarantee law>), and <property law of the people’s republic of china> (<property law>), party a, party b and the relevant guarantor sign this contract upon equal consultation.
article 1 amount of loan
the amount of loan is referred to article 15.1 under this contract.
article 2 purpose of loan and payee (scope)
2.1 purpose of loan for this contract is referred to article 15.2. during the term of loan, party a promises the loan under this contract shall not flow into stock market, futures market, be spent on equity investment or projects that are forbidden by laws and regulations of other countries to operate, or party a shall take on any loss brought to party b.
2.2 the payee for this contract (scope) is referred to article 15.3.
article 3 interest of loan
3.1 interest of loan is referred to article 15.4.
3.2 during the term of this loan contract, interest may be changed as prescribed by the people’s bank of china, the adjust method of loan interest rate is referred to article 15.4.
article 4 term of loan
4.1 the term of loan is referred to article 15.5.
article 5 release and payment of the loan
5.1 except one or more of the following conditions are exempted by party b, otherwise, the preconditions for party b to issue the loan is all the following conditions are met:
5.1.1 party a provides the loan application and certificates required by party b;
5.1.2 party a fulfills the application procedures of loan and guarantee required by party b;
5.1.3 party a signs required legal documents of loan application, with check and approval of party b;
5.1.4 party a fulfills and signs the other procedures and relevant documents required by loan releasing of party b, with check and approval of party b.
loan fund should be paid in strict accordance with the appointment stipulated in article 5.3 under this contract. party a is not allowed to change the mode and arrangement of payment.
5.3 the loan fund should be paid by the method of entrusted payment of party b. if party a applies for self-payment in particular cases, it shall need the verification and approval of party b. the specific appointment of the payment method is as follows:
5.3.1 entrusted payment of party b
party a should apply for payment while using the loan, fill the appendix three: payment authorization/application (suitable for the condition of bank entrusted payment).
party b verifies whether the relevant transaction documents and certificates provided by party a are in conformity with the contract before the payment of loan fund. with the verification and approval of party b, according to the payment entrustment of party a, party b shall deliver the loan fund that party
a applies to pay to the account of party a’s trading object listed by party a in payment authorization/application(suitable for the condition of bank entrusted payment).
5.3.2 self-payment method by party a
upon application by party a, party b shall agree to adopt self-payment method is involved in one of the following situations:
(1) party a cannot confirm detailed transaction object in advance and the amount is less than rmb
three hundred thousand yuan;
(2) the transaction object of party b cannot valid use non-cash method for settlement;
(3) loan fund used for production and operation and amount is less than rmb five hundred thousand
yuan;
(4) other situation regulated by law and regulation.
if self-payment method is adopted, party a shall fill appendix four: <self-payment application> with detailed application reason. upon checked and approved by party b, party a can use self-payment method to pay for loan fund.
article 6 repayment of the loan
6.1 party a, based on relevant regulations of party b, shall select ways of loan repayment under article 15.6.
6.2 the party a shall pay off the principal, interest and other items in full prior to the stipulated due repayment day under this contract (details under article 15.6), by depositing one of any repayment account opened by party b (account name and account no. are given in article 15.7), and irrevocably authorizes party b to draw the funds receivable directly from the account above on the due repayment day.
article 7 repayment in advance
7.1 if party a is able to pay off the loan ahead of time, it shall submit to party b the irrevocable loan repayment application and repayment plan. after checking and confirming that party a has no delay of loan principal and interest and has paid off the current interest, party b will approve the repayment ahead application, then party a can repay the loan in advance. the interest repayable before repayment-in-advance day shall not be adjusted.
7.2 for repayment in advance, party b can charge penalty to party a under refer to term 15.9 of this contract for details.
7.3 with party b’s agreement, party a executes according to the convention of repayment in advance if party a automatically repay in advance. refer to term 15.9 of this contract for details.
article 8 guarantee of loan
8.1 the guarantee type for the loan is specified in article 15.10.
8.2 scope of guarantee
8.2.3 expenses arising from realization of liability and guarantee right(including, but not limited to attorneys fees, assessment fee, auction fee, law suit fee, all-risk fee, travel expense etc.).
8.3 mortgage guarantee
8.3.1 the mortgager voluntarily mortgages the property (guaranty for short in the afterward contents) in guaranty list- the attachment a of this contract, and agrees to be restricted by this contract.
8.3.2 the co-owner of the mortgaged property under this contract agrees to mortgage the property and be restricted by this contract.
8.3.4 party b can exercise the mortgage right in case one of following situations happens:
(1) party a fails to repay the due loan payable and/or other items payable based on this contract;
(2) party breaches the contract, party b claims to take back the loan in advance, and party b fails to be paid off or not fully paid off;
(3) the mortgager breaches the contract by disposing the guaranty, or implements action enough to decrease the value of guaranty, and party b is refused of restoring the guaranty to original value or providing guarantee, party b can exercise the mortgage right in advance.
8.3.5 party b can select any one of the following ways to realize the mortgage right:
(1) discount of mortgage in agreement with mortgager;
(2) auction of guaranty;
(3) sale of mortgage;(4) other ways allowed by law.
8.3.6 the mortgager shall provide to party b the ownership certificate and other valid certification documents and relevant materials, after confirmation of party b, all documentation aforementioned shall be kept by party b.
8.3.7 under condition that party a pays off the total loan principal and interest, and in fulfillment of all items under this contract, the mortgage relationship shall terminate.
8.3.8 within the period of mortgage, the mortgager shall inform the party b in a written way all situations he knows or should know that have produced or may produce adverse impact on the guaranty
8.3.9 within the period of mortgage, the entire guaranty shall be taken good care of by the mortgager, who as well responsible for repair and maintenance to make sure that the guaranty is all preserved well, and subject himself to the supervision and inspection from party b at any time.
8.3.10 within the period of mortgage, should any decreases happen owing to the action of mortgager, party b has the right to request the mortgager to stop the action and restore the value or provide guaranty worth the equal value of the decreases within ten(10) days.
8.3.11 within the period of mortgage, without any written approval from party b, the mortgager shall have no right to dispose the guaranty (disposing way includes, but not limited to, transferring, renting, selling, donating the guaranty).
8.3.12 within the period of mortgage, any money got by transferring the guaranty based on the approval of party b shall be used for paying off the loan ahead of schedule or changed to fixed deposit for guarantee.
8.3.13 when party b and party a change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of mortgager is not increased accordingly, and the mortgager is still bear the responsibility of guarantee.
8.3.14 within the period of mortgage, if party a and mortgager learn that the mortgaged house is to be displaced, they should inform party b in written form on time. if they fail to do so, they should take the liability for breach of contract; if both parties and mortgager reach the agreement, party b has the right to choose one way of the followings to deal with the displaced house:
(i) party a pays off the debts in advance; or
(ii) mortgager should make new mortgage guarantee by the newly possessed house with party b as the mortgagee and sign a new mortgage agreement. before the previous mortgaged house is displaced and the newly set house is mortgage registered, party a should provide a new guaranty acknowledged by party b.
(i) party a pays off debts ahead of schedule; or
借款合同
loan contract
贷款方(lender)： 身份证件号码(id number.)：地址(address)： 电话(tel)：
借款方(borrower)： 法定代表人(representative)：职务(title)：地址(address)： 电话(tel)：
借款方是一家从事以下两种业务的公司：
the borrower operates two discrete businesses:
1. 生产销售喷砂和抛光研磨纤维石产品；（“砂石品业务）
1. manufacture and sale of the “spray-stone” and “super-stone” products (“the stone business”);
2. 生产销售柳制产品（“柳制品业务”）
3. manufacture and sale of wicker products (“the wicker business”). 现借款方打算停止开展柳制品业务。
the borrower intends to cease operating the wicker business.
借款方因生产经营需要，向贷款方借款。双方本着互惠互利的目的，友好协商，特制订本合同。
for its production and operation, the borrower intends to borrow money from the lender. for the mutual benefits, both parties agree to conclude this contract.第一条 借款金额
article 1 amount
借款金额280,000美元 (大写：贰拾捌万美元)
us$
贷款方在签订本书面合同之前，已向借款方提供280,000美元贷款。借款方在此确认已经收到贷款方通过银行转账方式提供的280,000美元贷款。
the lender agrees to advance the loan us$to the borrower prior to the signing of this contract. the borrower hereby confirms that it has received the loan us$
第二条 借款用途
article 2 scope for use
本合同所约定的贷款仅用于借款方生产销售砂石品业务，不得挪作它用。
the loan hereof is only for borrower’s stone business and shall not be appropriated for other use.
第三条 利率及还款期
article 3 interest and term
1. 如果借款方在合同约定的还期限内还清借款，贷款方则不收取借款利息。
1. the lender agrees that no interest will be payable on the loan for the term of the loan while the borrower is not in default of repayment.2. 借款方应按照以下还款期向贷款方偿还借款：
在本合同签订之日起十二个月内偿还借款美元； 在本合同签订之日起二十四个月内偿还借款 美元； 在合同签订之日起三十六个月内偿还借款 美元。
2. the borrower agrees to repay the loan to the lender in accordance with the following repayment schedule:
3. 借款方应根据贷款方合理要求的时间、场所和方式还款。
4. all repayments shall be made at the time and place and in the manner reasonably required by the lender.
第四条 管理费用
article 4 management fee
1. 借款方同意在借款期内，向贷款方支付管理费用，管理费用的金额为借款方砂石品业务销售总额1.4%。
2. 借款方同意自每一财务季度结束之日起三十日内向贷款方支付管理费用，付款时间表如下：
每年一月一日至三月三十一日期间的管理费用；
每年四月一日至六月三十日期间的管理费用；
每年七月一日至九月三十日期间的管理费用；每年十月一日至十二月三十一日期间的管理费用。
3. subject to clause 4.3 the borrower agrees to pay the management fee to the lender in arrears on or before the date 30 days following the end of the previous financial quarter in accordance with the following payment schedule:
management fee calculated for the period 1 january – 31 march due of the same year.
management fee calculated for the period 1 april – 30 june due of the same year. management fee calculated for the period 1 july – 30 september due on of the same year.
management fee calculated for the period 1 october – 31 december due on of the same year.
4. 本合同签订之日起的首个季度管理费用自开始计算。
5. 如果借款方在本合同签订之日起美元，借款方支付管理费用的义务自合同签订之日起两年后终止。 4. in case the borrower repays the loan us$of this agreement then the obligation to pay the management fee will cease at the end of the 2 year period.
第五条 浮动抵押
article 5 floating charge
1. 借款方以其现有的和将来拥有的生产设备、原材料、成品和半成品向贷款方提供抵押。1. the borrower agrees to charge to the lender all equipments, raw materials, finished and unfinished goods owned now and in the future by the borrower.
2. 《抵押物清单》对抵押物价值的约定，并不作为贷款方依本合同对抵押物进行处分的估价依据，也不构成贷款方行使抵押权的任何限制。
3. the value of the charged properties stipulated in the < charged properties list > shall neither be deemed as the price of sale nor as any limit on the chargee’s right, while the lender exercises its right.
4. 抵押物的相关有效证明和资料由当事人确认封存后，由借款方交与贷款方保管，但法律法规另有规定的除外。
5. subject to any the laws and regulations, any information and certifications in respect of the charged properties shall be handed over by the borrower to the lender after sealed.
6. 浮动抵押担保的范围为本金、利息、管理费、违约金、赔偿金以及实现债权所发生的一切费用，包括但不限于诉讼费、公证费、仲裁费、律师费、财产保全费、差旅费、执行费、评估费、拍卖费等。
7. 借款方应自本合同签订之日起三十日内向有关部门办理本合同的审批、备案和登记等事宜，所产生的费用由借款方承担。
8. the borrower shall apply for administrative approval, record-keeping and registration on its own fee in thirty days from the signing of this contract.
9. 借款方应当合理使用和妥善保管抵押物，如抵押物的价值比本

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