Generally, when borrowing money from others, you will write an IOU, which will be an important proof of the loan relationship between the two parties. How to write an IOU? Is it the same as a IOU? Let's take you to know.
Is a IOU the same as an IOU
IOU and IOU are different, which can be distinguished from the following four points:
1. The IOU proves the relationship of loan and the IOU proves the relationship of debt. Borrowing is definitely a debt, but debt is not necessarily a loan.
3. The reason for the formation of IOU is the specific fact of borrowing. There are many reasons for the formation of IOU, which can be based on a variety of facts, such as debt due to sales, debt due to labor services, debt due to enterprise contracting, debt due to damages and so on.
4. The people's courts apply different laws when they examine the legality.
5. In the absence of repayment date, the starting time of the limitation period is different. The time limit of an IOU and an IOU with an agreed repayment period is the same; there is a difference between an IOU and an IOU without an agreed repayment period.
How to write the IOU now
Although IOU and IOU are similar in nature, they are not used in the same way in essence. Therefore, in many cases, we need to sign the IOU, so how can the IOU be effective? We must pay more attention to the following four points when we write the IOU:
1. Subject
It is necessary to express clearly the main body of creditor's rights and debt relations, namely, who is the creditor and who is the debtor (pay attention to the meaning of the word borrowed). It is clear that when the natural person is the principal part, the name of his identity card should be checked. When the conditions permit, the resident ID number should be transcribed on the loan. When the legal entity is the main body, the official seal should be attached.
2. Object
The unit of amount should be clear, the amount should be written in traditional Chinese characters, and the percentage, thousandth percentage and ten thousandth percentage should be clear.
3. Content
Express clearly and avoid ambiguity. The date of return should be specified. If there is an agreement on interest, it should be stated. Otherwise, it is deemed as no interest according to law. If there is an agreement on liquidated damages, it should be stated. If there is a guarantor, it should indicate the way of guarantee and the guarantor.
4. In duplicate
It is better to have two copies of the contract, one for each party. As a fast and convenient way of confirmation, generally, the voucher is handwritten, and the issuer is specific, that is, it is written and sealed by the debtor, the borrower, and the receiver. However, in reality, there are many cases where it is written by the creditor, the lender, and the sender, and then signed by the debtor, the borrower, and the receiver.