中信银行个人借款合同英文翻译.doc

Code No.: 741China CITIC BankPersonal Loan Contract(Version of 2012)CHINA CITIC BANK CORPORATIONCHINA CITIC BANK CHENGDU BRANCHBorrower (hereinafter referred to as “Party A”): _ _ID document name and No.: _Address:_Post Code: Contact No.:_Lender (hereinafter referred to as “Party B”): _Address: _Legal representative/responsible: _Post Code: Contact No.: _Mortgager: _ID document and No.: _Address:_Post Code: Contact No.:_According to the relevant laws and regulations of the , (), and (), Party A, Party B and the relevant guarantor sign this contract upon equal consultation.Article 1 Amount of Loan The amount of loan is referred to Article 15.1 under this contract. Article 2 Purpose of Loan and Payee (scope) 2.1 Purpose of loan for this contract is referred to Article 15.2. During the term of loan, Party A promises the loan under this contract shall not flow into stock market, futures market, be spent on equity investment or projects that are forbidden by laws and regulations of other countries to operate, or Party A shall take on any loss brought to Party B. 2.2 The payee for this contract (scope) is referred to Article 15.3.Article 3 Interest of Loan 3.1 Interest of loan is referred to Article 15.4. 3.2 During the term of this loan contract, interest may be changed as prescribed by the Peoples Bank of China, the adjust method of loan interest rate is referred to Article 15.4. Article 4 Term of Loan 4.1 The term of loan is referred to Article 15.5. Article 5 Release and Payment of the Loan5.1 Except one or more of the following conditions are exempted by Party B, otherwise, the preconditions for Party B to issue the loan is all the following conditions are met:5.1.1 Party A provides the Loan Application and Certificates required by Party B;5.1.2 Party A fulfills the application procedures of loan and guarantee required by Party B;5.1.3 Party A signs required legal documents of loan application, with check and approval of Party B;5.1.4 Party A fulfills and signs the other procedures and relevant documents required by loan releasing of Party B, with check and approval of Party B.5.2 Party B shall release the funds to the account designated by Party A (the account designated by Party A is the payees account recorded in Personal Loan Certificate (due bill) under this contract). The releasing of loan from the account of Party B is regarded as the completion of the loan obligation of Party B. The date of loan releasing is the actual loan disbursement date, Party B shall calculate the interest rate from the date. Loan fund should be paid in strict accordance with the appointment stipulated in Article 5.3 under this contract. Party A is not allowed to change the mode and arrangement of payment. 5.3 The loan fund should be paid by the method of entrusted payment of Party B. If Party A applies for self-payment in particular cases, it shall need the verification and approval of Party B. The specific appointment of the payment method is as follows:5.3.1 Entrusted Payment of Party BParty A should apply for payment while using the loan, fill the appendix three: Payment Authorization/Application (Suitable for the condition of bank entrusted payment).Party B verifies whether the relevant transaction documents and certificates provided by Party A are in conformity with the contract before the payment of loan fund. With the verification and approval of Party B, according to the payment entrustment of Party A, Party B shall deliver the loan fund that Party A applies to pay to the account of Party As trading object listed by Party A in Payment authorization/application(Suitable for the condition of bank entrusted payment).5.3.2 Self-Payment Method by Party AUpon application by Party A, Party B shall agree to adopt self-payment method is involved in one of the following situations:(1) Party A cannot confirm detailed transaction object in advance and the amount is less than RMB three hundred thousand yuan;(2) The transaction object of Party B cannot valid use non-cash method for settlement;(3) Loan fund used for production and operation and amount is less than RMB five hundred thousand yuan;(4) Other situation regulated by law and regulation.If self-payment method is adopted, Party A shall fill appendix four: with detailed application reason. Upon checked and approved by Party B, Party A can use self-payment method to pay for loan fund. Article6RepaymentoftheLoan6.1PartyA,basedonrelevantregulationsofPartyB,shallselectwaysofloanrepaymentunderArticle15.6.6.2ThePartyAshallpayofftheprincipal,interestandotheritemsinfullpriortothestipulatedduerepaymentdayunderthiscontract(detailsunderArticle15.6),bydepositingoneofanyrepaymentaccountopenedbyPartyB(accountnameandaccountNo.aregiveninArticle15.7),andirrevocablyauthorizesPartyBtodrawthefundsreceivabledirectlyfromtheaccountaboveontheduerepaymentday.6.3IncasePartyAbreachesthecontract,failingtorepaythefundsonduedateorfailingtopayfundsinfull,PartyBhastherighttochargehigherinterestrateonoverdueloansasprescribedbythePeoplesBankofChina(penaltyinterestrateonoverdueloanisstipulatedunderArticle15.8).IncasethatPartyAfailstousethefundsfortheagreedpurposedunderthiscontract,PartyBhastherighttochargepenaltyinterestrateonoverdueloansasprescribedbythePeoplesBankofChina(penaltyinterestrateonmisappropriationofloanisstipulatedunderArticle15.8).Foroverdueloanorloanofmisappropriateuse,PartyBshallcalculatetheinterestratebasedonpenaltyinterestratefromthedayofoverdueloanormisappropriateuseofloantilltheprincipalandinterestarepaidoff.IfPartyAfailstopayofftheinterestonduedate,PartyBshallcalculatecompoundinterestbasedonpenaltyinterestrate.6.4PartyAandPartyBagreetofollowtheprincipleof“repayinginterestbeforetheprincipal”,andPartyBshalldeductthefundsrepaidbyPartyAinasequenceof“overdueinterest(includingpenaltyinterestandcompoundinterest)-overdueprincipalcurrentinterest-currentprincipal”.IfthefundintherepaymentaccountofPartyAisnotenoughtopayduefundspayableunderthiscontract,partyBshallhavetherighttodecidetherepaymentorderofexpense,interest(includingpenaltyinterestandcompoundinterest)andprinciple,partyBshallalsohavetherighttodrawtheduefundspayablefromtherepaymentaccountaboveatanytime. Article 7 Repayment in Advance 7.1 If Party A is able to pay off the loan ahead of time, it shall submit to Party B the irrevocable loan repayment application and repayment plan. After checking and confirming that Party A has no delay of loan principal and interest and has paid off the current interest, Party B will approve the repayment ahead application, then Party A can repay the loan in advance. The interest repayable before repayment-in-advance day shall not be adjusted. 7.2 For repayment in advance, Party B can charge penalty to Party A under Refer to Term 15.9 of this contract for details.7.3 With Party Bs agreement, Party A executes according to the convention of repayment in advance if Party A automatically repay in advance. Refer to Term 15.9 of this contract for details.Article 8 Guarantee of Loan 8.1 The guarantee type for the loan is specified in Article 15.10. 8.2 Scope of Guarantee 8.2.1 The principal of loan, interest (including compound interest), penalty interest under this contract; 8.2.2 Penalty, compensation, reimbursement; 8.2.3 Expenses arising from realization of liability and guarantee right(including, but not limited to attorneys fees, assessment fee, auction fee, law suit fee, all-risk fee, travel expense etc.). 8.3 Mortgage Guarantee 8.3.1 The mortgager voluntarily mortgages the property (Guaranty for short in the afterward contents) in Guaranty List- the Attachment A of this contract, and agrees to be restricted by this contract. 8.3.2 The co-owner of the mortgaged property under this contract agrees to mortgage the property and be restricted by this contract. 8.3.3 The mortgager shall complete the registration of mortgaged property based on laws and regulations. The mortgager shall take on the fees for the mortgaged property. The mortgager shall provide to the Party B the evidence documents and relevant materials of ownership of the guaranty, and the original of Mortgage Registration Certificate shall be kept by Party B. 8.3.4 Party B can exercise the mortgage right in case one of following situations happens: (1) Party A fails to repay the due loan payable and/or other items payable based on this contract; (2) Party breaches the contract, party B claims to take back the loan in advance, and Party B fails to be paid off or not fully paid off; (3) The mortgager breaches the contract by disposing the guaranty, or implements action enough to decrease the value of guaranty, and Party B is refused of restoring the guaranty to original value or providing guarantee, Party B can exercise the mortgage right in advance. 8.3.5 Party B can select any one of the following ways to realize the mortgage right: (1) Discount of mortgage in agreement with mortgager; (2) Auction of guaranty; (3) Sale of mortgage; (4) Other ways allowed by law. 8.3.6 The mortgager shall provide to Party B the Ownership certificate and other valid certification documents and relevant materials, after confirmation of Party B, all documentation aforementioned shall be kept by Party B. 8.3.7 Under condition that Party A pays off the total loan principal and interest, and in fulfillment of all items under this contract, the mortgage relationship shall terminate. 8.3.8 Within the period of mortgage, the mortgager shall inform the Party B in a written way all situations he knows or should know that have produced or may produce adverse impact on the guaranty 8.3.9 Within the period of mortgage, the entire guaranty shall be taken good care of by the mortgager, who as well responsible for repair and maintenance to make sure that the guaranty is all preserved well, and subject himself to the supervision and inspection from Party B at any time. 8.3.10 Within the period of mortgage, should any decreases happen owing to the action of mortgager, Party B has the right to request the mortgager to stop the action and restore the value or provide guaranty worth the equal value of the decreases within ten(10) days. 8.3.11 Within the period of mortgage, without any written approval from Party B, the mortgager shall have no right to dispose the guaranty (disposing way includes, but not limited to, transferring, renting, selling, donating the guaranty). 8.3.12 Within the period of mortgage, any money got by transferring the guaranty based on the approval of Party B shall be used for paying off the loan ahead of schedule or changed to fixed deposit for guarantee. 8.3.13 When Party B and Party A change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of mortgager is not increased accordingly, and the mortgager is still bear the responsibility of guarantee. 8.3.14 Within the period of mortgage, if Party A and Mortgager learn that the mortgaged house is to be displaced, they should inform Party B in written form on time. If they fail to do so, they should take the liability for breach of contract; if both parties and Mortgager reach the agreement, Party B has the right to choose one way of the followings to deal with the displaced house: (1) If the mortgaged house is compensated by way of exchange of house property right, Party B has the right to demand: (i) Party A pays off the debts in advance; or (ii) Mortgager should make new mortgage guarantee by the newly possessed house with Party B as the mortgagee and sign a new mortgage agreement. Before the previous mortgaged house is displaced and the newly set house is mortgage registered, Party A should provide a new guaranty acknowledged by Party B. (2) If the mortgaged house is compensated by money, Party B has the right to demand: (i) Party A pays off debts ahead of schedule; or (ii) Mortgager deposits the compensation money into Party Bs appointed account for special fund of caution money as the guaranty of pledge; or (iii) Mortgager uses the time deposit certificate by the compensation money for the guaranty of pledge to Party B. (3) If the mortgaged house displacement isnt compensated by Way (1) (2) listed above or besides above two ways, both parties have unmentioned matter, both parties should negotiate to determine the follow-up issues concerning the displaced house.8.4 Pledge Guarantee 8.4.1 The pledger voluntarily pledges the movable assets/rights in Pledges List- Attachment B of this contract, and agrees to be restricted by this contract. 8.4.2 The co-owner of the pledges under this contract agrees on pledging and be restricted by this contract. 8.4.3 Party can exercise the pledge right in case one of following situations happens: (1) Party A fails to repay the due loan payable and/or other items payable based on this contract; (2) Party breaches the contract, party B claims to take back the loan in advance, and Party B fails to be paid off or not fully paid off;(3) Should the value of pledges is decreased, and the pledger fails to provide guarantee required by Party B, Party B can exercise the pledge right in advance. 8.4.4 Party B can select any one of the following ways to realize the pledge right: (1) Discount of pledges in agreement with pledger; (2) Auction of pledges; (3) Sale of pledges; (4) Other ways allowed by laws. 8.4.5 When Party A and Party B change the contract(including, but not limited to, amount of loan,term of loan, interest rate, type of interest settlement, type of repayment, period of repayment,repayment amount for each period), there is no need to ask for approval of the pledger,and the pledger still bears the responsibility of guarantee. 8.4.6 The pledger shall provide to Party B the evidence certificates, after confirmation of Party B,and all certificates shall be kept by Party B. When Party A pays off the principal, interest and expenses for the whole loan under this contract, or the pledger pays off the guaranteed security instead of Party A, Party B shall return the pledges and relevant certificates to the pledger. 8.5 Guarantee 8.5.1 The guarantee formed under this contract is joint liability assurance. 8.5.2 The guarantee period is two years, from the day when the contract becomes effective till the expiring day of liability fulfillment term under this contract. 8.5.3 Within the term of loan, should the guarantor be declared bankrupt or be dissolved, under insolvency to lose qualification of guarantee and ability or when changes resulted in the possible lose of qualification such as body disability, serious disease, house movement, change of marriage, change or lose of jobs , the guarantor should notify Party B in time, and Party should provide a new guarantee. 8.5.4 Within the period of guarantee, when Party B and Party A change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of guarantor is not increased accordingly, and the guarantor is still bear the responsibility of guarantee. 8.5.5 All obligation of the guarantor under this contract is successive, and full binding force shall be put on his legal successor. 8.5.6 Guarantor agrees to renounce all the contradicts against Party B in Term 28 of Guaranty Law and Term 176 of Property Law and all the rights possibly resulted from the terms above.Article 9 Miscellaneous Rights and Obligations9.1 Party A shall ensure the loan application data complete, true, valid and legal, as well as to execute the contract by based on principle of the best honesty. Party A shall also cooperate with Party A to investigate, censor and check the data, and assist Party B to do management work after issuance of loan.9.2 At regular time or any time requested by Party B, Party A should provide the documents or certificates reflecting truly the financial status or income of Party A. If the 2nd payment method mentioned in article 5.3 is chosen to pay loan fund, Party A shall, according to article 15.11 of the contract, note Party B in written form regularly or note payment situation of loan fund.9.3 Within period of this contract, should any changes occur in company, address, contact way of Party A, he shall inform Party B within ten days after the changes.9.4 Party A shall inform Party B within three days in written form if he or his family involved in situation such as his famil