How To Draw Up The Financing Contract?
Place of contract:
Contract time:
Party A (financial side):
Party B (borrower):
I. General Provisions
Party A, with the guarantee of all economic and legal responsibilities of the legal person, arranges clean, clean and non criminal funds for the financing of the SME projects of Party B.
Party B, with the full legal and economic responsibility of the legal person of the company, has the ability to draw out the deposit slip from the bank as the financing condition for the small and medium-sized enterprises developed by the Party B project, and agrees to guarantee the financing of the small and medium-sized enterprises by way of project dragging.
Two, SME financing and related conditions
1, currency: US dollar. Euro. RMB.
2, the total amount of financing for SMEs:
3, financing conditions for small and medium-sized enterprises: bank deposit slip or letter of credit or guarantee letter valid for more than one year.
4, the issuing bank: China's four largest commercial banks, Bank of communications or Minsheng Bank, CITIC Industrial Bank, etc.
5, borrowing period: 3--20 years
6, one-time discount 6-8% (all costs: Bank of America operation fees, the United States investment company commission, Chinese intermediary fees, etc.).
7, the annual interest rate of SME financing is 2.95% (tentative). The final interest rate shall be determined by the Federal Reserve's long-term loan interest rate when Party A enters the first paragraph, and the interest rate will remain unchanged within the term of the loan.
8, the first batch: $10000.
9. Follow up payment: execution according to the agreed payment plan.
10, query mode: SWIFT
11, operation mode: bank to bank
12, in order to monitor the operation of funds better, Party A sent two personnel to the leadership level to participate in the construction and operation of the project.
13. If a party fails to pay a loan due to poor management and fails to repay the loan at maturity, the relevant assets of Party B shall be approved by the relevant laws of China and assigned to Party A by its related assets.
Three, operation procedures
1, after completing the preliminary negotiations on the terms and conditions of financing for all small and medium-sized enterprises, the two parties will first confirm the contract by e-mail or fax.
2, after signing the contract by fax, the two parties will sign the contract formally within 3 banking days. At the same time, Party B provides the bank's coordinates and effective legal texts of the company, photocopy of the company's business license, photocopy of the legal person's code certificate, copy of the legal person's ID card, resolution of the board of directors on the financing of small and medium enterprises, and full power of attorney.
3, after the formal signing of the contract, Party B shall issue the original bank deposit slip from the bank within half a month and give the original E-mail of the bank deposit slip to Party A.
4. After receiving the scanned E-mail of the original bank deposit slip issued by Party B, the first party bank will inquire through SWIFT. After the inquiry is correct, the payment notice will be sent to the receiving bank within 15 banking days according to the requirements of Party B.
5, after the payment notice is issued, the first batch will be paid to the designated bank within the 21 banking days.
6. After the first payment is in place, the balance will be paid in 3 to 5 months.
7, after Party B receives the full amount, Party A will collect interest from the relevant bank issued by Party B before December 15th of each year, and at the same time, the bank shall issue the interest certificate for second years to Party A.
8, the bank deposit slip issued by Party B will be thawed by itself after one year and one month.
Four. Legal basis
The last revised edition of International Chamber of Commerce ICC500 (1993).
Five. Common terms
Once the contract is signed, neither party shall terminate or cancel the contract for any reason.
VI. Liability for Breach of Contract
1, Party A and Party B earnestly implement the terms of the contract; according to the terms of ICC500, the breach of contract shall be subject to the breach of contract, which shall be liable for 1% of the contract amount, and shall bear the corresponding legal liability.
2. Neither Party A nor Party B is liable for breach of contract in the execution of the ICC500 clause because of force majeure, natural calamities, turmoil and war.
3, failure to operate in accordance with the terms of the contract, resulting in termination of the transaction or breach of the terms of the contract as a breach of contract.
4, Party B ensure The deposit slip and relevant information documents are legal and authentic, and if they are found to be false or false by the Bank of the first party, they are regarded as breach of contract.
5. If Party A fails to grant funds to Party B in accordance with the terms of the contract, it shall be regarded as a breach of contract.
Seven. Settle disputes.
When there is a dispute over breach of contract between both parties, either party shall have the right to submit an arbitration, where the arbitration shall be held, and the arbitration organ shall be the China International Economic and Trade Arbitration Commission (ICAC) / the arbitration court of the China International Chamber of Commerce.
Eight. Take effect And terminate
1. The contract is in Chinese version in two copies and each party holds one copy.
2. After the signing of this contract, it will take effect immediately. The two sides agree to agree to all the contents of the contract in writing.
3, Ben contract A copy of the contract shall be formulated separately, and the copy of the contract shall be an integral part of this contract and shall have the same legal effect as this contract.
Party A: Party B:
Stamped and sealed
Signature, representative, signature
Year, month, month, day and month
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