篇一：个人授信及担保协议 - (英文)
Personal Credit and Security Agreement
Credit Applicant__________________
No. __________________
Printed in 2009
Please Note
In order to safeguard your interest, please carefully read the following matters
before entering into this agreement,
1. You have already have legal general knowledge of applying
loan and guarantee from the bank;
2. You have read all terms of this agreement, and you understand their meanings,
and China Merchants Bank has also made on the terms of this agreement to your fully prompt and description.
3. You have made sure all information and documents provided are real, legitimate, and efficient.
4. You have confirmed that you are entitled to sign the agreement, and the
agreement is signed personally by you;
5. You have ascertained any conduct of fraud, breach of contract have to bear the
corresponding legal responsibility;
6. You will be based on honesty and credit principles, voluntarily enter into and
perform in accordance with the agreement;
7. Please use the pen, writing brush or sign pen neatly fill out the content needed
you to fill in;
8. In order to improve the efficiency of handling the loan, you are required to sign
this agreement before the bank loan approval, the final conclusions of loan and guarantee subject to bank approval;
9. If you have any questions about this agreement, you can consult the local China
Merchants Bank personal loan handling department.
Personal Credit and Security Agreement
Article I Special Terms Signed
I. Covenant Person
1.1 Credit Giver (the Mortgagee): China Merchants Bank Co. Ltd.Address: Legal representative / Person in charge: Tel: 1.2 Credit Applicant:
Address: ID Type and No.: Legal representative / Person in charge:
Tel.: 1.3 Mortgagor:
Address: ID Type and No.: Legal representative / Person in charge:
Tel.:
1.2 Guarantor: Address:
ID Type and No.: Legal representative / Person in charge: Tel.:
For clear the parties of their respective rights and obligations, comply with relevant laws, regulations, especially sign this contract through consultation.
II. Credit Limit
After the credit applicant’s application for the credit, the credit giver agrees to provide a total of RMB ( in words) the whole credit limit to the credit applicant. The credit limit for or revolving, alternatively) credit limit.
the credit applicant under the original signed No. and s outstanding balance of loan principal and interest, since the effective date of the agreement automatically included under this agreement, directly take up the credit limit under the agreement ( if this section applies, in □ playing in the "√"; if this does not apply, in □ playing in the "╳"). III. Credit Period
ndndcredit from the credit giver during the credit period, and the credit giver will not accept any application made by credit receiver that is over the credit period.
Ⅳ. Penalty Interest and Compound Interest
4.1 Credit applicant fails to use the loan according to the specific agreed purpose of use on the agreement, to the default using part, the credit giver shall have the right to add a daily 100% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up.
4.2 Credit applicant fails to repay the loan in full according to the specific terms of the agreement, to the unpaid execution contract interest rate level, until the loan principal and interest repaid up. To the interest failure to pay on time, a daily compound interest will be charged by penalty rate.
Ⅴ. Loan offering under the credit limit
After credit applicant has done the credit and loan formalities follow the credit giver’s relevant rules, credit giver shall deposit the loan into the credit applicant’s first settlement account. The credit applicant agrees the credit giver deposit the loan according to his authorization into other designated account of the credit applicant.
Ⅵ. Loan payment under the credit limit
6.1 The credit applicant authorizes the credit giver directly deduct loan principal and interest from the first settlement account:and the second settlement account: __________________. Specific settlement account is subject to the borrowing IOU.
6.2 The credit giver charge ______________________________ to the credit applicant for early repayment penalty. Ⅶ. Loan Collateral (Can make collateral form separately as the attachment of the agreement) 7.2 Construction Area:
7.3 Purchasing Price: 7.4 Valuation Price: xxxxxxxxxxxx
7.5 Ownership and Number: _____________________________
Ⅷ. Guarantee period is below (in words) type of _Second_:
First, from the date of signing this agreement to the maturity date of each loan plus two years, any of the specific loan extension, the guarantee period extend to after expiry of the extended loan period plus two years.
Second, from the date of signing this agreement until the date credit applicant completed the formal mortgage registration with the collateral real estate certificate, and hand in the real estate certificate and the certificate of other rights to the credit giver’s custody.
Third, from the date of signing this agreement until ________________________________ .
Ⅸ. Dispute Resolution
The dispute occurs during performance of the agreement, both parties shall resolve by consultation. If the First, file a lawsuit to people’s court where credit giver located; or
Second, apply for attribution to ____________________________ arbitration committee.
Ⅹ. Supplementary provisions of the agreement are as follows: ________________________________.
Ⅺ. This agreement comes into Four copies, they all have the same legal effective. The credit giver, credit applicant and each keeps one copy.
Article Ⅱ Terms of Credit
12. Usage of Credit Limit
12.1 Circulation credit limit is refer to the maximum limit of the sum of principal balance of all types of personal loans and credit that the credit giver provides to the credit applicant according to this agreement during the credit period; One-time credit limit is refer to the credit principal accumulated amount that the credit giver provides to the credit applicant according to this agreement during the credit period, can not exceed the credit limit, non-recyclable, and finish until accumulated amount exhaustion.
12.2 For each loan under the credit limit, both parties shall come into specific loan contract, loan application which submitted by credit applicant and confirmed by credit giver, borrowing IOU and /or other certificate (hereafter referred to as “the specific contract” ) to be agreed.
12.3 During the credit period, the circulation credit limit can be used by credit applicant in a periodic duty, and one-time credit limit can not be used in a periodic duty. The credit applicant must apply individually, and the credit limit becomes available after credit giver approves and accepts case by case.
12.4 The credit giver has the rights to reassess credit applicant’s personal credit, repayment ability, property status, value of the mortgage property, and guarantor’s guarantee ability. And entitle to adjust the credit applicant’s credit limit.
12.5 For each loan under the credit limit, the loan term shall be determined based on the credit applicant’s financial needs and relevant provisions of the credit giver. Under the credit limit the specific business maturity date (including an extended maturity date) can later than credit period maturity date.
12.6 For each loan under the credit limit both parties shall consult and determine the loan amount, term, interest rate, interest adjustment method, usage, loan payment method and etc., and shall be agreed in the specific contract.
12.7 During the credit period, if 12 consecutive months under a credit not issuing a loan, the credit giver has the right to terminate the credit limit, no longer accept credit applicant’s application for a loan.
13. Interest Rate of Loan under Credit Limit
13.1 Interest Rate Conversion
Under this agreement, the interest rate is calculated as follow: monthly interest rate = annual interest rate ÷ 360. 13.2 Interest Rate Adjustment Method
篇二：中英文翻译模板-个人购房担保借款合同(农行)
Individual Mortgage Loan Contract for Purchasing
Commercial Housing
Agricultural Bank of China
GF Zi No.12105200500001133
Guarantor: HUANG Wenya (sealed)
In accordance with relevant state laws and rules, the contract is made after negotiations between the both parties.
Loan items
Article 1. Loan money:
The debitor provides loan to the creditor to purchase the residential house. The contracted loaning amount: Article 2. Loan purpose:
To purchase the housing locate The contract number of the debtor: Article 3. Loan period
Article 4. Loan interests
1. by the Bank of China. In the event that the Bank of China adjusts the interest rate of the loan, from Jan.1 the next year, the debtor performs the interest payment according to the new loans confirmed by the floating scope between the adjusted standard interest and the lending rate agreed in the contract. It will not notify the debtor, the guarantor and the mortgager again.
2. If the borrower doesn’t refund the loan in accordance with the contract, from the overdue time, the lender has the right to call for additional money as penalty until the corpus and interests are paid off. Following the measure will be complied with. day
3. The creditor has the right to call for percent raising money as penalty at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
4. If the borrower does not use the money according to the purpose stipulated in the contract, the lender has the right to call for percent raising money as penalty at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
Article 5.
Under the circumstances that the following conditions are not achieved, the lender has the right not to provide the loan stipulated in the contract.
1. The borrower shall offer relevant documents, materials and credence in accordance with the requirements of the lender. And the borrower shall
handle the relevant procedures.
2. The purchasing money of the first period and the money related to the contract have been paid off.
3. If the contract has a guarantor and the procedures of relevant registration and/or insurance have been settled in accordance with the requirements of the borrower, this guarantee keeps effective.
4. The borrower, the guarantor and the mortgager don't make any disadvantageous matters which will affect the safety of loan.
Article 6. Transferring methods:
The borrower opens an account in the lender’s bank. The account name is The opening bank iscard number is measure.
1. The debtor irrevocably accredits the lender to transfer the money to the above settle account, then transfer to the house seller ), to pay the money agreed in the contract of purchasing house.
2. The borrower irrevocably accredits the lender to transfer the money to ) (Account number),
Article 7 Loan payment
1. The borrower pays the principal and interest of the load under this of If there is not the day of borrowing, the payment day is the last day of every month. The borrower
(1) Equal capital and interest payment.
(2) Equal capital descending payment.
(3)Other methods of payments
2. If picking up the equal capital and interest payment, the borrower shall pay Article 8 Prepayment
1. If Borrower needs to refund in advance, it shall note Lender one month before refund day and the notice is irrevocable upon delivery. On the precondition that the borrower promises to refund the money agreed in following item 2 due to breach of contract and the premises that the borrower abides by the prescription of prepayment, the lender may agree prepayment.
2. If the borrower has prepayment days after the real day of loan lender in advance.
Article 9 Change of payment time
If the borrower wants to change the payment time, he shall submit a written application to the lender 30days in advance. After the approval of the guarantor and the mortgager, the borrower can sign the agreement of the changing of the limit time and handle relevant insurances and guarantee procedures.
Article 10 Transfer of creditor's rights and debt
The borrower can transfer the rights and interests to the third party without the permission of the lender, guarantor and the mortgager.
Article 11 Borrower’s declaration and guarantee
Article 12
Between the time of signing and the time of distributing money, if the borrower and the house seller have disputes about the rights and quality of the house, or it occurs some matters that may cause the borrower incapable of paying money, the lender has the right to terminate the contract.
Guaranty of the Loan
Article 13 Premises Guarantee
The scope of mortgage is principal and interest of loan punished interest and the cost of real claims.
Article 14 Mortgage Guarantee
1. The mortgager voluntarily mortgager the following belongings The above guaranty is an integral part of the contract. moment.
3. The scope of mortgage include the capital, the interest, the fine, compound interest, the money of breach of the contract, the compensation for damage of loan and all the fees that realize the creditor’s rights.
4. The declaration and guarantee of the mortgager
5. The efficacy of mortgage rights
6. The control and management of the guaranty
7. The insurance of the mortgage
8. The registration of the mortgage
9. The realization of the mortgage rights
The duties of breach of the contract
Article 15 Duties of the debtor
When the Mortgager fails to pay the principal, interest and relevant expenses in full amount on time or fails to wholly perform its states or warranties under the contract, it will constitute a breach of contract. The mortgager shall pay the money of breach of the contract according to the quantity and the delaying days.
篇三：浦发银行个人抵押贷款合同--英文
No.:
SPD Bank
Personal Guarantee Loan Contract
Contract version No.:SPDB201203
SPD Bank Personal Guarantee Loan Contract
Personal Guarantee Loan Contract
The borrower:
ID certificate type and No.:
The lender (the Mortgagee / the pledgee): Shanghai Pudong Development Bank Co., Ltd.
The mortgager (name / designation of natural person or legal person):
ID certificate type and No.:
The pledger (name / designation of natural person or legal person): ID certificate type and No.:
The guarantor (name / designation of natural person or legal person): ID certificate type and No.:
Whereas:
The borrower applies to the lender for RMB personal loan, in accordance with the relevant laws, rules and regulations of the People's Republic of China, upon consensus through consultation among the parties, the present contract is hereby entered into for mutual observance.
Meanwhile, the borrower, the guarantor and the lender hereby confirm that (check with a √ mark and uncheck with a × mark according to the conditions):
□ The present contract serves as an ancillary business document of the Personal Comprehensive Credit Granting Contract under the number of signed by the borrower and the lender.
□ The present contract is an independent business document signed by the borrower, the guarantor and the lender.
Part 1 Contract Terms and Conditions
Article 1 Loan Amount and Purpose
personal business loan / personal credit loan / others: the loan amount is RMB The lender has the right to monitor the use of loans.
Article 2 Loan Term, Interest Rate and Method for Interest Calculation
2.1 The loan term (and the debt performance period) under the present contract is (“year(s) and month(s)”), and its start date is expected from the date (from receipt.
2.2 The value date of the loan under the present contract is the date of loan release. The method for interest calculation is as follows: the loan interest will be calculated on a daily, monthly and yearly basis. The calculation methods of full-year, full-month and full-day shall be adopted for loan interest. If full-year, full-month and full-day cannot be reached, the last day at the end of end is the full-day. If the loan period comes to the completion of year, the interest shall be calculated as per annual interest rate; if the loan period comes to the completion of month, the interest shall be calculated as per monthly interest rate; if the loan period covers full year (month) and remnant days, the interest of the part of full year (month) shall be calculated as per yearly (monthly) interest rate, and the interest of the remnant days shall be calculated according to the actual number of days. The formula of computation is as follows:
For the full year and full month: Interest = principal × period (the number of year(s) or month(s)) × yearly or monthly interest rate;
For the full year (month) and remnant day(s): Interest = principal × [period (the number of year(s) or month(s)) × yearly or monthly interest rate + the number of remnant day(s) × daily interest rate]
2.3 Except otherwise specified by the both parties, the date of settlement of the loan interest under the present contract is the repayment date for each period agreed in the present contract.
2.4 The loan interest rate under the present contract can adopt the floating interest rate, fixed
□ Floating interest rate
It shall be executed according to the benchmark loan interest rate and floating range published by the People's Bank of China in the corresponding period. The loan interest rate under the present (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate within the loan period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate.
The benchmark loan interest rate of the People's Bank of China in the corresponding period while signing the present contract is: (“(annual interest rate)”). The executed interest rate is determined according to the benchmark loan interest rate on the actual date of loan release regulated by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.
If the benchmark loan interest rate regulated by the People's Bank of China is adjusted within the method:
□ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.
□ No interest rate adjustment, and no interest accrual by stage.
□ □ Fixed interest rate
It shall be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period. The loan interest rate under the (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. The fixed interest rate of the (“rate)”). The executed interest rate is determined according to the fixed loan interest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.
□ Quasi-fixed interest rate
(“ from the date of loan release. That is, it will be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period (the loan period is from the date of loan release till the date of expiry of the contract). The loan (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. (“% (annual interest rate)”). The executed interest rate is determined according to the
fixed loan interest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. a floating interest rate will be executed. That is, it shall be executed according to the benchmark loan interest rate and floating range stipulated by the People's Bank of China in the corresponding period (the loan period is calculated from the date of the loan release). The loan interest rate under (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate during the period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate. Therein, monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. If the borrower needs to continue adopting the fixed interest rate to calculate the interest, then the borrower shall propose a separate application to the bank.
If the benchmark loan interest rate regulated by the People's Bank of China is adjusted during the period of executing the floating interest rate, then the contract interest rate shall be adjusted □ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.
□ No interest rate adjustment, and no interest accrual by stage.
□
2.5 If the borrower fails to repay the loan principal and interest of the current period in full on schedule as required, it will be regarded as overdue, and the lender will have the right to charge penalty interest in accordance with the relevant provisions of the People's Bank of China (see also the relevant contents of Article 12 of the present contract).
Article 3 Conditions on the borrower’s Money Withdrawal
3.1 Unless agreed by the lender, the lender will have no obligation to release the loan under the contract to the borrower until the following conditions are fully met and satisfactory to the lender in terms of form and content:
3.1.1 The borrower has submitted all the documents and data as required by the lender and obtained the approval of the lender.
