How Best To Make A Pledge Contract?
Model of pledge contract
Contract number: year No.
The name of the pledgor: (hereinafter referred to as Party A)
Residence: Telephone:
Legal representative:
Opening financial institutions and accounts:
Tel: Post Code:
Fax:
Name of the pledgee: (hereinafter referred to as Party B)
Accommodation: telephone
Legal representative:
Tel: Post Code:
Fax:
general provisions
In order to ensure the performance of the RMB capital loan contract (hereinafter referred to as the loan contract), the first party is willing to pledge the movable property / right that has the right to punish. Party B agrees to accept Party A's property / rights pledge after examination. Party A and Party B have concluded this contract through consultation.
The second chapter is the types and amount of guaranteed loans.
Article 1 Party A shall use its own movables / rights as the loan contract in the amount of RMB (Capital:), and the time limit for the month is the mortgage (short / medium / long term loan).
The third chapter is the scope of hypothecation guarantee.
The scope of the second pledge guarantees includes the loan principal and interest, the liquidated damages, the damages, the custody of the goods and the expenses incurred by Party B for the realization of the pledge and all other expenses payable under the loan contract.
The fourth chapter is the pledge period.
The third time limit for the execution of this contract is from the date of the effective date of this contract to the loan principal and interest, the liquidated damages, the damages, the custody of the material and the expenses incurred by Party B for the realization of the right of pledge and all other payable expenses.
The fifth chapter is quality.
The fourth article of the contract is the pledge of movable property. The name of the movable property is: the quantity of the goods, the quality of the goods, the quality of the goods, and the ownership of the right of ownership or the right to use it.
The pledge rights under this contract are rights, obligations and rights.
The fifth part of the contract is the total value of the chattels / rights in the contract.
The sixth chapter is the custody and liability of hypothecation chattels / rights.
Sixth Party A shall transfer the pledge property to Party B within the business days after the signing of this contract, and pay the lump sum charge of the lump sum to the lump sum.
If Party A is hypothecate by rights, Party B shall deliver credentials to Party B or jointly handle the transfer procedures of pledge of rights.
Seventh Party B should properly store the quality. Loss of or destruction of property due to improper safekeeping
Party B shall bear civil liability.
If Party B fails to properly maintain the quality of the goods, it may cause loss or damage to Party A, Party A may request Party B to deposit or reclaim the property in advance.
The seventh chapter is the realization of pledge.
Eighth Party A shall, at the request of Party B, handle the property insurance of Party B as the first beneficiary in the pledge of movable property, and reserve the insurance policy to Party B. the insurance period shall be longer than the loan term stipulated in the loan contract. If the loan is postponed under the loan contract, Party A shall go through the formalities of extending the insurance period. If the insurance property is damaged, Party B has the right to recover the pledge loan from the insurance compensation priority.
The Ninth Party A is used as a pledge of securities and other rights certificates which are due to be expired within the period of pledge.
Tenth the cost of insurance, notarization, appraisal, registration, transportation and custody under this contract shall be borne by Party A and / or under the loan contract. obligation Assume responsibility.
Eleventh after the contract becomes effective, if the loan term of the loan contract is extended, or the other terms of the loan contract should be changed, the consent of the pledgor and the written agreement shall be reached.
Article twelfth during the validity period of this contract, Party A shall not sell, give or abandon the property; if Party A transfers, rents, re mortgages or transacts any other matter in any other way, it shall obtain the consent of Party B and reach a written agreement on related matters.
Article thirteenth within the validity period of this contract, Party A shall bear or undertake the obligations under this contract separately if the Party A is divided or merged. Party A is declared to be dissolved or bankrupt. Party B has the right to advance the pledge of chattels / rights in advance.
Party B has the right to require Party A to provide the corresponding guarantee if there is any damage or significant reduction in the value of the fourteenth goods, which is sufficient to jeopardize the rights of Party B. If Party A fails to provide, Party B shall have the right to auction or sell the property, and to negotiate with the Party A that the proceeds from the auction or sale shall be used for the early payment of the secured claim or the third party agreed with Party A.
The fifteenth compensation for the loss of property from property is regarded as a pledged property. Party B has the right to compensate the creditor's rights secured by party a first.
Sixteenth in case of any of the following circumstances, Party B has the right to dispose of the hypothecated chattel / right in the form of agreement transfer or other statutory means:
1. The time limit for repayment of the loan contract has arrived. If the borrower fails to repay the loan principal interest or the time limit for the extension has arrived, the borrower will still be unable to repay the principal and interest of the loan.
Two, the borrower is declared to be dissolved or bankrupt.
Three, the borrower dies without the successor performing the contract or the successor abandoning the inheritance.
Party B has the right to recourse the proceeds from the treatment of the proceeds of the property unless it is required to repay the principal and interest of the loan, liquidated damages, damages, material storage costs and the expenses incurred by Party B for the realization of the right of pledge.
Seventeenth after the entry into force of this contract, neither Party A or B can alter or terminate the contract without authorization. If it is necessary to change or terminate the contract, it shall reach a written agreement through consultation between the two parties.
The terms of this contract remain valid until the agreement has been reached.
The eighteenth Party A is the third party other than the borrower under the loan contract. After Party B implements the pledge, it has the right to recover the loan from the borrower under the loan contract.
The nineteenth article is Party B. contract The hypothecation of the hypothecated chattel / right under the hypothecation shall not be waived due to the legal status of the Party A, the change of its financial position, any agreement or document signed by Party A with any unit, and the invalidity or dissolution of the principal contract guaranteed by this pledge contract.
The eighth chapter is the cancellation of pledge.
If the borrower of the twentieth loan contract returns the principal and interest of the loan and the related expenses payable or the repayment of the principal and interest of the loan and the related payable expenses in advance according to the time stipulated in the contract, the pledge right shall be automatically cancelled.
The ninth chapter is liability for breach of contract.
Article 21. In accordance with this contract, the hypothecation chattels / rights secured by Party B are damaged due to improper safekeeping. Party A has the right to require Party B to resume the original status of the pledge, or require Party B to compensate for the losses incurred.
Article 22 Party A shall compensate for Party B's economic losses caused by concealing the pledge of movables / rights in the presence of common disputes, sealing up, being detained, or having already set the mortgage right.
Article 23 Party A violates the eighth clause of the contract, and the twelfth article stipulates that Party B has the right to stop issuing loans under the loan contract, or to recover the principal and interest of the loan as early as possible.
Article 24 in this contract Term of validity Without the consent of the pledgor to change the terms of the loan contract or to transfer the obligations under the loan contract, Party A may terminate this contract by itself and ask Party B to return the material stored by Party B.
Article 25 If a party or party violates the provisions of the seventeenth contract of this contract, it shall pay the other party a penalty for the loan principal and interest amount of the loan contract.
Article 26 the payment of liquidated damages stipulated in this contract shall be agreed upon by both parties as follows:
Article 27 other matters agreed upon by the two parties:
The tenth chapter is the solution of disputes.
Article 28 a dispute between Party A and Party B in performing this contract shall be settled through consultation or mediation. If negotiation or mediation fails, it may bring a suit to the people's court where Party B is located, or apply for arbitration to the contract arbitration institution where Party B is located.
The eleventh chapter is about the entry into force and termination of contracts.
Article 29 this contract shall come into force from the date of signature of the legal representative or authorized agent of Party A and Party B and its official seal and complete legal formalities, until the loan principal and interest, liquidated damages, damages, custody of the material and the expenses incurred by Party B for the realization of the right of pledge and all other payable expenses shall automatically become invalid when the loan contract is made.
Twelfth chapter supplementary provisions
The thirtieth contract is in two copies. Each party holds one copy and has the same legal effect.
Article 31 this contract shall be signed in the year of the year of the year.
Attachment: pledge of movable property / rights list and valid certificate of rights.
Party A: official seal Party B: official seal
The legal representative of the legal representative
(or its authorized agent) (or its authorized agent)
Signature: Signature:
Year, month, month, day and month
Note: if the parties to the contract are illegal units, they shall be signed by their principal responsible person or authorized agent.
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