Private Loan Agreement
Contract No.: _________________________
Place of Signing: ______________________
Date of Signing: ____ / __ / ____
Article 1. Parties to the Agreement
Party A (Lender): ___________________________
ID Card No. / Passport No.: _______________________
Address: _______________________________________
Contact Information: _____________________________
Party B (Borrower): ___________________________
ID Card No. / Passport No.: _______________________
Address: _______________________________________
Contact Information: _____________________________
Article 2. Loan Amount and Purpose
- Loan Amount: RMB ______ (or USD ______).
- Purpose of Loan: Party B undertakes to use the loan for lawful purposes only and shall not divert the funds for other uses.
Article 3. Loan Term
- Start Date: ____ / __ / ____ (actual date funds are received).
- Maturity Date: ____ / __ / ____.
- Loan Term: ______ months/days, commencing from the actual date of disbursement.
Article 4. Interest Rate and Fees
- Interest Rate: Annual rate ______% (or monthly rate ______%), calculated based on actual days.
- Other Fees Payable by Borrower (if any, e.g., service fee, handling fee): ______.
- Payment Method of Interest and Fees: □ Lump sum □ Monthly □ Installments □ Other: _______________________.
Article 5. Repayment Method
- Repayment Method:
- □ Lump sum repayment of principal and interest
- □ Installments
- □ Monthly interest payment with principal repaid at maturity
- □ Other: _______________________
- Repayment Account (designated by Party A):
- Bank Name: _______________________
- Branch: _______________________
- Account Holder: _______________________
- Account Number: _______________________
- Party B shall make all repayments of principal and interest to the above account on schedule.
Article 6. Security (if applicable)
- Loan may be secured by mortgage, pledge, or guarantor. Details: _______________________.
- Security covers the principal, interest, and any costs arising from default.
- Information of collateral or guarantor: _______________________.
- Without Party A’s written consent, Party B shall not dispose of or release the collateral or guarantee.
Article 7. Early Repayment
- Party B may repay the loan in full or in part before maturity. Interest shall be calculated based on actual days of loan usage.
- Early repayment requires ____ days’ prior written notice to Party A and confirmation of settlement by both parties.
Article 8. Rights and Obligations of Both Parties
- Party A (Lender):
- Provide the loan as agreed;
- Collect interest and fees as agreed;
- Supervise the use of the loan and the status of collateral/guarantee.
- Party B (Borrower):
- Use the loan strictly for the agreed purpose;
- Repay principal and interest on time as agreed;
- Provide truthful information and cooperate with Party A’s supervision.
Article 9. Liability for Breach of Contract
- If Party B fails to repay as agreed, Party B shall bear overdue penalties and compensate related losses.
- If Party A fails to provide the loan as agreed, Party A shall bear corresponding liability.
- Neither party shall be liable if the contract cannot be performed due to force majeure, but both shall promptly negotiate a solution.
- If Party B violates the security provisions, Party A has the right to dispose of the collateral in accordance with the law to recover the loan.
Article 10. Dispute Resolution
- This contract shall be governed by the laws and regulations of the place of signing.
- Any disputes arising from the performance of this contract shall first be resolved through negotiation; if unsuccessful, either party may submit the dispute to the arbitration committee or the People’s Court at the place of signing.
Article 11. Miscellaneous
- Matters not covered in this contract shall be supplemented in writing, and such supplements shall have the same legal effect as this contract.
- This contract is executed in two (2) copies, each party holding one, and shall take effect upon signing and/or sealing by both parties.
- Both parties confirm that electronic signatures and paper signatures are equally valid.
Signatures
Party A (Lender): ___________________ (Signature/Seal)
Date: ____ / __ / ____
Party B (Borrower): ___________________ (Signature/Seal)
Date: ____ / __ / ____