金融类合同模板

LOAN CONTRACTContract No.Borrower:Lender:Mortgagor:Guarantor:Pledgeor:This Contract is made in line with the Con-tract Law of the People’s Republic of China and the General Provisions of Loans of the People’s Bank of China to specify the rights and obligations of parties involved.1. Amount of Loan is ______.2. Purpose of Loan is ______.3. Period of loan is ______.4. A Certificate of Indebtedness or a Loan VoucherIt is an integral part of this Contract. The date of advance and payment due date shall follow the date specified on the certificate of indebtedness or loan voucher. Where there is any inconsistency between the stipulations on the certificate of indebtedness or loan voucher and the terms and conditions on this Contract except date, the latter shall prevail.5. Transferring of LoanThe full amount of loan shall be transferred to an account designated by the Borrower with-in working days from the date of completing borrowing procedure. Refer to ______ (times) ______ (time) ______ (amount) ______ for the frequency, time and amount of transferring.6. Interest Rate of LoanThe interest rate under this Contract is ______, in line with relevant rules. In case of change of interest rate, the interest rate stipulated in the Contract shall prevail for loans with a life of less than or equal to one year; For loans with a life exceeding one year, the interest shall be calculated on a multi-stage basis, i.e. From next Jan. 1st following the adjustment of interest rate, the new rate shall prevail. In case the Borrower fails to repay the principal and interest before the due date, or fails to use the loan for purposes as agreed in this Contract, the lender shall be entitled to collect default interest in line with relevant rules. The default interest rate is ______.In case of calculating interest on multi-stage basis due to adjustment of interest rate, the lender shall be entitled to adjust the interest rate on his own without further notice to the Borrower.7. Type of Repayment of LoanThe Borrower should open an account with the Lender (The account name and account number are ______.) and promise to deposit sufficient money for repayment before each due date. The Borrower hereby authorizes the Lender to collect, if any, compound interest, default interest, liquidated damage, premium, compensation and expenses arising from the realization of creditor’s right (including lawyer’s fee and court expense)in addition to due principal and interest of loan. In case the asset in this Account is not enough for repayment of due principal and interest, the Lender shall be entitled to collect from any Ac-count opened by the Borrower with any branch of bank.The Borrower shall repay the principal and interest on a monthly basis (except repaying principal and interest in a lump sum) from the second month following the issuing of loan, as agreed between the Borrower and Lender. The repayment tenors and type are ______.In case of multi-stage calculation of interest due to adjustment of interest rate during the life of loan, the repayment amount for loans with a life exceeding one year shall be recalculated on the basis of balance of unpaid loan and the rest of repayment tenor from next Jan. 1st following the adjustment of interest rate.Repayment of the loan ahead of schedule by the Borrower shall be subject to written consent from the Lender. The interest of prepaid amount should be calculated on the basis of rate specified in this Contract and actual days.8. Guaranty TypeThe Guarantor and guaranty type under this Contract is ______. The specific stipulations are stated in corresponding guaranty clauses.9. Rights of the BorrowerObtain and use the loan for the period and purposes as agreed in this Contract.10. Obligations of the Borrower(1) Provide the actual documents (including debts and latest large loan) required by the Lender; Cooperate with the Lender for the investigation, audit and examination of personal income and expense amongst other relevant information; Be responsible for the sufficiency, accuracy and genuineness of documents provided.(2) Consciously acknowledge the right of the Lender to investigate, know and supervise the use of loan under this Contract.(3) Repay the principal and interest under this Contract in full in line with the stipulations of this Contract. Never refuse the repayment due to disputes with any third party.(4) Be responsible for the expenses under this Contract, including but not limited to expenses arising from notarizing, appraising, assessing and registration.(5) In case something which may lead to the unsafety of loan occurs (including but not limited to the fact that something exceptional occurs to the Guarantor), the Borrower shall inform the Lender in writing within ______days of its occurrence and guarantee the repayment of principal and interest of loan.(6) In case of any change of residence, con-tact address, contact phone number and income (if the then income decreases by over ______comparing to the income when the loan is applied), the Borrower shall inform the Lender in writing within ______ days of the change.11. Lawsuit and SettlementThe formation, validity, interpretation, execution and settlement of this contract shall be construed in accordance with and governed by the laws and statutory regulations in force in China.If this contract at any time conflicts with any applicable officially promulgated laws and regulations, the parties to the contract shall promptly amend this contract accordingly.Any disputes arising from the execution of the contract shall be settled through friendly consultations between both parties.In the case that no settlement can be reached through consultations, either party may submit the dispute to competent labor Arbitration Com-mission for arbitration.Borrower (Signature): Lender (Signature): Mortgagor (Signature): Guarantor (Signature): Pledgeor (Signature): Date:GUARANTY CONTRACTParty A (Creditor): ______Party B (Debtor): ______Party C (Guarantor): ______This Contract is made to guarantee the implementation of the contract signed by Party A and Party B on the date of ______, Party C agrees to supply guaranty for Party B.1. Guaranty of ObligationsParty C guarantees that Party B shall carry out the following main debts:Debt 1: ______Debt 2: ______...2. Scope(1) the main creditor’s right(2) the interest of the main creditor’s right(3) breach of contract damages of Party B(4) expense of realizing hypothec3. Extending and ChangingThis Guaranty cannot be modified orally. No modification of this Guaranty shall be effective for any purpose unless it is in writing and executed. All prior agreements, understandings, representations and negotiation, if any, are merged into this Guaranty.After the Contract is effective, if Party A and Party B want to extend the terms of contract or change other articles, which must get the consent of Party C, a writing agreement is reached by three parties, or Party C may free from the Contract.4. NoticeIf any changing, removing, of the institution, Party C should notice Party A and Party B with days ahead of schedule.5. KindsAll of the obligations of Party C hereunder shall be joint and several.6. Term/TermsThe term of the contract is ______..7. Supervision of Party CAfter the contract is effective, Party C have the right to supervise the capital and financial items of Party B and have the right to ask Party B to supply financial report forms, Party B should provide them factually.8. IndependenceThis contract cannot be effective as going of the main contract.9. Transferring of DebtsIf the main debt is transferred, without the consent of Party C, Party C shall not go on to guarantee it.10. PayableThis Contract is payable. Party B should pay Party C.11. Applicable LawThe formation, validity, interpretation, execution and settlement of this contract shall be construed in accordance with and governed by the laws and statutory regulations in force in China.If disputes happen, three parties shall settle them by negotiation, in the case that no settlement can be reached through consultations, either party may submit the dispute to Arbitration Commission for arbitration.12. EffectivenessThe contract will be effective after being signed by three Parties. Signed Date: ______Signed Place: ______Party A: ______Address: ______Tel: ______Agent: ______Party B: ______Address: ______Tel: ______Agent: ______Party C: ______Address: ______Tel: ______Agent: ______INSURANCE CONTRACTContract No.:Insurance Company:Insurant:Policy No.:1. The Property Insured2. Scope of CoverThe Company shall indemnify the Insured in respect of the physical loss of or damage to the insured property stated in the Schedule during the period of insurance directly arising from the following perils:(1) Fire;(2) Explosion; but not including explosion of a boiler or other pressure-relief devices;(3) Lightning;(4) Hurricane, typhoon and tornado;(5) Storm, tempest and flood;But not including loss or damage caused by change in normal water level or inundation from sea water or water escape or leakage from the normal confines of any natural water course, lake or reservoir, canal or dam as well as loss of or damage to the insured property caused by storm, tempest or flood while being stored in the open or covered by or under a shed thatched with reeds, tarpaulins, straw, asphalt felt, plastic or nylon sheet;(6) Hailstorm;(7) Landslide, rockslide, avalanche;(8) V olcanic explosion;(9) Subsidence of ground; but not including loss or damage resulting from pile driving,groundwork or excavation;(10) Crashing aircraft and parts or articles falling from aircraft and other flying objects;(11) Bursting of water tank or pipe; but not including bursting of water tank or pipe due to rust.3. ExclusionsThis Company shall not be liable for:(1) Loss of or damage to the insured property or expenses caused by intentional act or gross negligence of the Insured or his representative;(2) Loss of or damage to the insured property caused and expenses incurred by earthquake or tsunami;(3) Depreciation, loss of market, loss of use and other consequential losses of any description;(4) Loss of or damage to the insured proper-ty or expenses incurred arising from war, warlike operation, hostilities, armed conflicts, terrorism, conspiracy insurrection, coup détat, strike, riot, and civil commotion;(5) Confiscation, requisition, destruction or damage by any action or order of any government de jure or de facto or by any public authorities;(6) Loss of or damage to insured property directly or indirectly caused or expenses incurred by nuclear fission, nuclear fusion, nuclear weapon, nuclear material, nuclear radiation and radioactive contamination;(7) Loss or damage caused and expenses incurred by pollution of any kind or description whatsoever such as atmosphere, land and water pollutions but this does not include loss or dam-age caused by pollution arising from Perils specified in Article II of the Policy;(8) The deductibles stated in the Schedule to be borne by the Insured;(9) Loss or damage arising from any other perils not listed in Article II of this Policy.4. Treatment of ClaimThe Company shall at its option, indemnify the Insured in respect of loss or damage fallingwithin the scope of cover of the Policy by either:(1) Paying the amount of the actual value of the property lost or damaged or;(2) Paying the necessary cost of repairing or restoring the damaged property to its nearest condition immediately preceding the damage or;(3) Repairing or restoring the damaged property to a condition near to other property of like kind and quality.Indemnity under this Policy shall be based upon the sound market value of the property prevailing at the time of loss. If the sound market value of the damaged property is lower than the sum insured of such property, the claim shall be settled on its market value; If the sound market value of the property is in excess of the sum insured, the Company shall only be liable for such proportion of the claim as the sum insured of the damaged property bears to its sound market value. If the insured property enumerated in the Schedule is more than one item, the provision of this clause shall apply to each thereof.If a claim for loss of or damage to the insured item is settled on a total loss basis, the sal-vage value of such item shall be deducted from the indemnity payable by the Company. The Company may, at its option, decline the abandonment of any damaged property by the Insured.In the event of loss of or damage to any equipment item insured forming part of a pair or set, the Company shall not be liable in respect of each of such item lost or damaged for more than its proportionate part of the sum insured on the complete pair or set.In the event of any loss occurrence, the Company shall also pay the Insured for the expenses reasonably incurred for taking necessary measures to minimize loss or damage to the least extent, but in no case shall such expenses referred hereto exceed the sum insured of the insured property.Upon settlement of a claim, an endorsement shall be issued by the Company to reduce the sum insured corresponding to the property lost or damaged by the amount so settled from the date of loss, and no premium shall be refunded for the amount so reduced. If reinstatement of the sum insured is required by the Insured upon settlement of the claim, an additional premium for the reinstated amount shall be charged at an agreed rate, and be calculated on pro rata daily basis from the date of loss to the expiry of the insurance.The time of validity of a claim under this insurance shall not exceed a period of ______ year counting from the date of loss.5. Insured’s ObligationsThe following obligations shall be strictly fulfilled by the Insured and his representative:(1) The Insured and his representative, when applying for insurance shall make true answers or descriptions to the questions in the proposal and questionnaire or to any other questions raised by the Company.(2) The Insured and his representative shall pay to the Company in due course the agreed premium in the manner as provided in the Schedule and Endorsements.(3) During the period of this insurance, the Insured shall at his own expense take all reason-able precautions, including paying sufficient attention to and putting into practice the reasonable recommendations of the Company, prudently selecting the workmen and employees and complying with all statutory regulations and safety operation procedures.(4) In the event of any occurrence which gives or might give rise to a claim under this Policy, the Insured or his representative shall:notify the Company immediately and with-in ______days or any further period as may be agreed by the Company in writing, furnish a writ-ten report to indicate the course, probable reason and extent of loss or damage;take all necessary measures to avoid aggravation of the loss or damage and minimize it to the least extent;preserve the spot affected and defective parts before an inspection is carried out by a representative or surveyor from the Company;furnish all such information and documentary evidence as the Company may require for supporting the claim.6. General Conditions(1) Policy EffectThe due observance and fulfillment of the terms and conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Company under this Policy.(2) Policy VoidanceThis Policy shall be voidable in the event of misrepresentation, misdescription or non-disclosure made by the Insured or his representative in any material particular in respect of this insurance.(3) Policy TerminationUnless its continuance be admitted by the Company in writing, this Policy shall beautomatically terminated if:the insurable interest of the Insured is lost;the risk of loss or damage is increased.After termination of the Policy, the premium shall be refunded to the Insured calculated on prorate daily basis for the period from the date of termination to the date of expiry.(4) Policy CancellationThis Policy may be canceled at any time at the request of the Insured in writing or at the option of the Company by giving days prior notice to the Insured. In the former case the Company shall retain a premium calculated on short term rate basis for the time the Policy has been in force while in the latter case such premium shall be calculated on pro rata daily basis.(5) Forfeit of BenefitIf the claim is in any respect fraudulent, or if any fraudulent means or devices are used by the Insured or his representative to obtain any benefit under this Policy or if any loss or damage is occasioned by the intentional act or in the connivance of the Insured or his representative, then in any of these cases, all the rights and benefits of the Insured under this Policy shall be forfeited, and all consequent losses arising therefrom including the amount of claim paid by the Company shall be indemnified by the Insured.(6) Reasonable InspectionThe representative of the Company shall at any suitable time be entitled to attend the site and inspect or examine the risk exposure of the property insured. For this purpose, the Insured shall provide full assistance and all details and information required by the Company as may be necessary for the assessment of the risk. The above mentioned inspection or examination shall in no circumstances be held as any admission to the Insured by the Company.(7) Double InsuranceShould any loss, damage, expenses or liability recoverable under the Policy be also covered by any other insurance, the Company shall only be liable to pay or contribute his proportion of the claim irrespective as to whether the other insurance is arranged by the Insured or others on his behalf, or whether any indemnification is obtainable under such other insurance.(8) SubrogationWhere a third party shall be held responsible for the loss or damage covered under this Policy, the Insured shall, whether being indemnified by the Company or not, take all necessary measures to enforce or reserve the right of recovery against such third party, and upon being indemnified by the Company, subrogate to the Company all the right of recovery, transfer all necessary documents to and assist the Company in pursuing recovery from the responsible party.(9) DisputeAll disputes under this insurance arising between the Insured and the Company shall be settled through friendly negotiations. Where the two parties fail to reach an agreement after negotiations, such dispute shall be submitted to arbitration or to court for legal actions. Unless otherwise agreed, such arbitration or legal action shall be carried out in the place of.7. Special ProvisionsThe following provisions shall be applied to all parts of this Policy and shall override the other terms and conditions of this Policy if any conflict arises.…Property Insurance PolicyPolicy No.: ______Whereas the Insured named in the Schedule hereto has made to the ______Insurance Company a written proposal which together with any other statements made by the Insured for the purpose of this Policy is deemed to be incorporated herein and has paid to the Company the premium stated in the Schedule.Now this policy of insurance witnesses that subject to the terms and conditions contained herein or endorsed hereon the Company shall indemnify the Insured for the loss or damage sustained during the period of insurance stated in the Schedule in the manner and to the extent herein-after provided.SchedulePolicy No.:______1. Name and Address of the Insured:2. Location of the Property Insured:3. Nature of Trade:4. Insured Items and Sums Insured:Insured Items:Sums Insured:Property Insured:Additional Expenses:Total Sum Insured:5. Deductible (any one accident) ______.6. Period of Insurance:______months.From 00:00 of ______ to 24:00 of ______.7. Premium Rate：.Total Premium：8. Date of Payment:9. Jurisdiction:This Policy is governed by law of the People’s Republic of China.______Insurance Company______ (Authorized Signature) Insurant signature:Date of Issue:Place of Issue:CONTRACTS FOR FINANCIAL LEASEContract No.:Lessor:Lessee:Seller:Three parties hereby enter this Contract through discussion according to the national related regulation.1. The Leased Subject (Leased Property)Three parties agree, Lessor supplies money to buy ______ which is in good condition from the Seller, Lessee agrees to rent it according to the clauses specified in this agreement.2. Purpose of the SubjectThe parties hereby confirm that the purpose of the ______ shall be in accordance with the laws and regulations. Lessee shall not use the ______ for other purposes; otherwise Lessor has the right to release the Agreement early and shall have no obligations to return the deposit.3. Term of the TenancyThe lease term will be from ______(month) ______(day) ______(year)to ______(month) (day) ______(year). Lessor will buy the subject from the Seller and provide it to Lessee for use before ______ (month) ______ (day) ______(year).Lessee may present a written application for extension of the term of the tenancy three months before the expiry of this Agreement. Terms and conditions including the amount of rent shall be negotiated before extending the Lease Agreement. If the parties could not sign the extension agreement one month before the expiry of this Agreement, Lessor has the right to lease the premises to other parties after the expiry of this Agreement.4. RentalThe rent under a financial lease contract shall be determined according to the major part orwhole of the cost for purchasing the leased property and reasonable profits of the Lessor, except as otherwise agreed upon by the parties.(1) Amount: the rental will be RMB ______ per month. Lessee will pay the rental to Lessor in the form of ______.(2) Payment of rental will be one installment every month. The first installment will be paid before ______(month) ______(day) ______(year). Each successive installment will be paid each month. The remittance fee will be borne by the remitter. Lessor will issue a written receipt after receiving the payment.(3) In case the rental is more than 10 days overdue, Party B will pay 0.5 percent of monthly rental as overdue fine every day, if the rental be paid 15 days overdue, Lessee will be deemed to have withdrawn from the premises and breach the contract. In this situation, Lessor has the right to take back the subject and take actions against Lessee’s breach.5. DepositLessee shall pay the deposit of performing the Agreement which amounts to the rent of months on the signature date of this Agreement.Lessor shall provide the receipt of the deposit in two days after receiving the deposit.In case Lessee breaches this contract, Lessor has the right to deduct the default fine, and compensation for damage or any other expenses from the deposit. In case the deposit is not sufficient to cover such items, Lessee should pay the insufficiency within 10 days after receiving the written notice of payment from Lessor.6. Rights and Responsibilities of Lessor(1) With regard to the sales contract concluded by the Lessor based on the Lessees’choice of the Seller and the leased property. Shall not be modified in respect of the contents of the contract relating to the Lessee without the con-sent of the Lessee.(2) Lessor is not permitted to take back the subject during the term of the Agreement without good reason. If Lessor wishes to do so, Lessee has the right to object.(3) The Lessor shall be entitled to the ownership of the leased property. In case of bankruptcy of the Lessee, the leased property does not belong to the bankrupt property.(4) Where the leased property does not con-form to the terms of the contract or the purpose of its use, the Lessor shall not bear any liability, except that the Lessee decides on the choice of theleased property depending on the skills of the Lessor or the Lessor interferes with the choice of the leased property.(5) Where the leased property causes personal injury or property damage to a third party during the period wherein the Lessee possesses the leased property, the Lessor does not bear liability.7. Obligations of the Seller(1) The seller shall deliver the object to the Lessee according to the terms of the contract,(2) In case the subject and attached facilities are damaged by quality problems, natural dam-ages or disasters, the Seller will be responsible to repair and pay the relevant expenses.8. Rights and Obligations of the Lessee(1) The Lessee shall enjoy the rights of a buyer relating to the received object.(2) The Lessor, Seller and Lessee may agree that, where the seller fails to perform the sales contract, the Lessee shall exercise the right to claims. Where the Lessee exercises the right, the Lessor shall provide assistance.(3) The Lessor shall insure the Lessee’s pos-session and use of the leased property.(4) The Lessee shall keep the leased property in a proper storage and use it properly.The Lessee shall perform the obligation for maintenance of the leased property during the period wherein the Lessee possesses the leased property.9. Force MajeureShould either of the parties to the Contract by prevented from executing the Contract by force majeure, such as earthquake, typhoon, flood, fire and war and other unforeseen events, and their happening and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by cable without any delay, and within 15 days thereafter provide the detailed information of the events and a valid document for evidence issued by the relevant public notary organization for explaining the reason of its in-ability to execute or delay the execution of all or part of the contract. Both parties shall, through consolations, decide whether to terminate the Contract or to exempt the part of obligations for implementation of the Contract or whether to de-lay the execution of the Contract according to the effects of the events on the performance of the Contract.10. Applicable Law and Settlement of DisputesThe formation of this contract, its validity, interpretation, execution and settlement of disputes shall be governed by the laws of the People’s Republic of China.Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission, ______ Commission for arbitration in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.During the arbitration, the Contract shall be executed continually by both parties except for matters in disputes.11. LanguageThe Contract shall be written in Chinese version and in ______ version. Both languages are equally authentic. In the event of any discrepancy between the two aforementioned versions, the Chinese version shall prevail.12. Other Articles(1) A financial lease contract shall be in written form.(2) Where the parties agree in the contract that the leased property shall belong to the Les-see at the expiry of the lease term, the Lessee has paid the majority of the rent but is unable to pay the remaining rent, and the Lessor rescinds the contract for this reason and takes back the leased property, the Lessee may request the Lessor to return a certain part if the value of the leased property taken back exceeds the rent and other expenses which the Lessee owes to the Lessor.(3) The Lessor and Lessee may agree upon the attribution of the leased property at the expiry of the lease term. Where there is no agreement in the Contract as to the attribution of the leased property or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of the Contract Law, the ownership of the leased property shall belong to the Lessor.Lessor (Signature):。