Question 1: What are contingent claims? The main contents of the loan contract
The loan contract generally has the following important clauses:
1. Purpose of loan
The borrower should use the loan according to the agreed purpose and cannot be used for illegal purposes. The purpose of borrowing specified in the loan contract shall not violate the state's restrictions on business operations, franchise operations, and laws and administrative regulations that prohibit operations.
By clarifying this clause, borrowers can safeguard their rights to use funds; lenders can monitor the flow of funds, ensure the return of funds, and control risks.
The reasons for restricting the use of loans are: first, if the borrower uses the loan for illegal purposes and violates the prohibitive norms of national laws and administrative regulations, the loan contract will be invalid. Even if the lender is not aware of the illegal purpose when the loan is being used, once the lender becomes aware of the illegal purpose, the borrower must be prevented from continuing to withdraw funds. Secondly, restricting the use of loans is to ensure the source of repayment funds. If the loan is not used according to the agreed purpose, the borrower may lose the ability to repay due to improper management. Furthermore, the lending bank's internal operating policies may have restrictions on the industries or departments that issue loans, and *** rules and regulations sometimes have similar provisions. Finally, the purpose of the loan may be restricted because it involves the interests of a third party. For example, in an export credit project, the purpose of the loan is limited to specific payment objects.
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(2) Borrowers are not allowed to use loans to engage in speculative operations in securities, futures, etc.;
(3) Except for borrowers who have obtained real estate qualifications in accordance with the law, no loans are allowed to be used to operate Real estate business; borrowers who are qualified to operate real estate in accordance with the law are not allowed to use loans to engage in real estate speculation;
(4) Borrowers are not allowed to use loans to obtain illegal income.
2. Loan currency and amount
Loan currency and amount are quantity terms in the loan contract. They are the specific currency and quantity provided by the lender to the borrower. This is the main basis for calculating loan interest.
Foreign currency loans have more complex legal issues in terms of loan price composition and other aspects. Lawyers should be familiar with them, but they are beyond the scope of this guide.
3. Types of loans
According to different lenders, they can be divided into self-operated loans, entrusted loans and specific loans.
(1) Self-operated loans refer to the lender issuing loans independently with funds raised in a legal manner. The risks are borne by the lender and the principal and interest are recovered by the lender.
(2) Entrusted loans refer to loans that the lender issues on its behalf, supervises its use and assists in its recovery based on the loan object, purpose, amount, term, interest rate, etc. determined by the entruster. The lender (trustee) only charges a processing fee and does not bear the risk of the loan.
(3) Specific loans refer to loans issued by wholly state-owned commercial banks after approval by the State Council and taking corresponding remedial measures for possible losses caused by the loan. Wholly state-owned banks refer to the Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, and China Construction Bank.
According to different repayment periods, they can be divided into short-term loans, medium-term loans and long-term loans.
(1) Short-term loans refer to loans with a loan period of less than 1 year (including 1 year). Short-term loans are more flexible, with short term, strong liquidity, fast turnover and large demand. Judging from the specific practices of financial institutions, there are mainly 6-month and 1-year terms. Short-term loans are one of the most important businesses of financial institutions.
(2) Medium-term loans refer to loans with a loan term of more than 1 year (exclusive) and less than 5 years (inclusive).
(3) Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).
According to the safety and security of the loan, it can be divided into credit loan, guaranteed loan and bill discount.
(1) The so-called credit loan means that the borrower can draw a loan from the bank based entirely on his or her own credit without providing collateral.
(2) Secured loans refer to loans with a guarantee contract as the sub-contract of the loan contract, including guaranteed loans, mortgage loans and pledged loans. Guaranteed loans refer to loans issued in accordance with the guarantee method stipulated in the "Guarantee Law" by a third party promising to assume general guarantee liability or joint liability as agreed when the borrower is unable to repay the loan. Mortgage loans refer to loans issued by setting a mortgage on the property of the borrower or a third party in accordance with the mortgage method stipulated in the Guarantee Law. Pledge loans refer to loans issued with the movable property or rights of the borrower or a third party as pledge in accordance with the pledge method stipulated in the Guarantee Law.
(3) Bill discount refers to the loan issued by the lender by purchasing the borrower's undue commercial paper.
The above categories of loans are overlapping... >>
Question 2: What is the meaning of creditor's rights in accounting? What subjects are included? 1. Obligation is a judicial right to request others to perform certain actions (actions or omissions). It belongs to the principle of relative rights and obligations, and is a debt relative to the creditor, that is, a judicial obligation that must be a certain act (action or omission). Therefore, the relationship between debt and debt is essentially a judicial relationship between creditor's rights and debt. Neither creditor's rights nor debt can exist independently, otherwise they will lose their meaning. Different from property rights, creditor's rights are a typical relative right and are only effective between the creditor and the debtor. In principle, the debt relationship between the creditor and the debtor cannot be against a third party.
Debt is an authentic legal term that was introduced from foreign countries and has a different meaning from what we usually understand. Its legal definition is that "obligation" is the right of one party to request another party to perform certain actions or refrain from certain actions. In layman's terms, a debt is your right to ask others to do something, or to ask others not to do something. The party making the demand is the "creditor" and the party being demanded is the "debtor". What needs to be emphasized is that there is a difference between the claims mentioned here and the debts we often talk about. Debt simply means owing money, which is the so-called debt repayment. And if you have a creditor's right against someone, this kind of creditor's right can not only be that someone else owes you money, but also someone else owes you property such as a house, it can also be someone else owes you labor, or it can even be someone else's debt. Others owe you an apology, etc., so you have the right to ask them to do these things. It can be seen that the meaning of creditor's rights includes the meaning of debt.
2. Claims: accounts receivable, notes receivable, dividends receivable, interest receivable, other receivables, prepayments, etc.
Question 3: What accounting items are included in claims and debts? Claims: accounts receivable, notes receivable, dividends receivable, interest receivable, other receivables, prepaid accounts, etc.
Debt: Short-term borrowings, long-term borrowings, notes payable, accounts payable, employee salaries payable, interest payable, taxes payable, bonds payable
Other payables, accounts payable in advance, etc.
Question 4: What are short-term claims? Creditors of project short-term liabilities have short-term claims: short-term liabilities, also called current liabilities, refer to debts that will be repaid within one year (including one year) or an operating cycle exceeding one year, including short-term loans, notes payable, and accounts payable. , accounts received in advance, wages payable, welfare fees payable, dividends payable, taxes payable, other temporary accounts payable, accrued expenses and long-term loans due within one year, etc.
Obligation is a civil right to request others to perform certain actions (actions or omissions). Based on the principle of relative rights and obligations, a debt is a debt relative to a creditor, that is, a civil law obligation that must be a certain act (action or omission). Therefore, the relationship between debts is essentially a creditor-debt relationship in civil law, and neither creditor's rights nor debt can exist independently.
Question 5: What accounts are included in claims and debts? Claims: accounts receivable, notes receivable, dividends receivable, interest receivable, other receivables, advance accounts, debt: short-term borrowing, long-term borrowing, notes payable, accounts payable Employee salaries payable Interest payable Taxes payable Bonds payable Other payables Advances from accounts View original post >>
Question 6: What is ownership? What is a debt? Ownership is the owner's right to possess, use, benefit from and dispose of his or her property in accordance with the law. It is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right among property rights. It has the characteristics of absoluteness, exclusivity, and sustainability. The specific content includes four rights: possession, use, income, and disposal. The difference between property rights and ownership is: property rights is a larger concept, and property rights include ownership. Real estate ownership is only one of the major types of real estate property rights.
Creditor's rights are a typical relative right that only takes effect between the creditor and the debtor. In principle, the debt relationship between the creditor and the debtor cannot be against a third party.
Question 7: What are contingent claims? It should be contingent liabilities. There is no such thing as contingent claims. Contingent Liability refers to potential obligations formed by past transactions or events, the existence of which must be confirmed by the occurrence or non-occurrence of future uncertain events; or current obligations formed by past transactions or events, the performance of which is not It is likely to cause an outflow of economic benefits from the enterprise or the amount of the obligation cannot be measured reliably. Contingent liabilities refer to debts whose final outcome is currently difficult to determine and depends on whether a certain event occurs. It is caused by some past agreement, commitment or certain circumstances. The result is difficult to determine. It may be a real debt that the company is responsible for repaying, or it may not constitute a debt of the company. Therefore, a contingent liability is only a potential debt and not a current real liability of the company.
Question 8: What accounts do creditor's rights and debts refer to? Debt-related accounts: short-term loans, notes payable, accounts payable, wages payable, welfare fees payable, dividends payable, mutual taxes payable, other payables, other payables loans, long-term loans, bonds payable, and long-term payables.
Advances from accounts
Interest payable.
Question 9: What is the difference between bonds and claims? Let me try to explain.
Bonds are an economic concept. They are things like stocks and treasury bonds. The key point of bonds is Bonds, just like buying stocks, you can buy 500 shares or several hundred shares
Debt is a legal concept. For example, if you look at the definition of debt: Debt is in accordance with the agreement of the contract or in accordance with the law. stipulates the specific rights and obligations arising between the parties. The person who has the rights is the creditor, and the person who has the obligation is the debtor. I borrowed money from you, I am the debtor, you are the creditor, I have the obligation to repay the debt, and you have the right to make me repay the debt
But if you look at bonds, such as stocks, you buy a company's For stocks, you do not have the right to ask the company to repay or anything, you only have the right to trade these stocks,
So there is a big difference between the two things
Question 10: What are contingent claims? The main contents of the loan contract
The loan contract generally has the following important clauses:
1. Purpose of loan
The borrower should use the loan according to the agreed purpose and cannot be used for illegal purposes. The purpose of borrowing stated in the loan contract shall not violate the state's restrictions on business operations, franchise operations, and laws and administrative regulations prohibiting operations.
By clarifying this clause, borrowers can safeguard their rights to use funds; lenders can monitor the flow of funds, ensure the return of funds, and control risks.
The reasons for restricting the use of loans are: first, if the borrower uses the loan for illegal purposes and violates the prohibitive norms of national laws and administrative regulations, the loan contract will be invalid. Even if the lender is not aware of the illegal purpose when the loan is being used, once the lender becomes aware of the illegal purpose, the borrower must be prevented from continuing to withdraw funds. Secondly, limiting the use of loans is to ensure the source of repayment funds. If the loan is not used according to the agreed purpose, the borrower may lose the ability to repay due to improper management. Furthermore, the lending bank's internal operating policies may have restrictions on the industries or departments that issue loans, and *** rules and regulations sometimes have similar provisions. Finally, restrictions on the use of loans may also involve the interests of a third party. For example, in export credit projects, the use of loans is limited to specific payment objects.
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(2) Borrowers are not allowed to use loans to engage in speculative operations in securities, futures, etc.;
(3) Except for borrowers who have obtained real estate qualifications in accordance with the law, no loans are allowed to be used to operate Real estate business; borrowers who are qualified to operate real estate in accordance with the law are not allowed to use loans to engage in real estate speculation;
(4) Borrowers are not allowed to use loans to obtain illegal income.
2. Loan currency and amount
Loan currency and amount are quantity terms in the loan contract. They are the specific currency and quantity provided by the lender to the borrower. This is the main basis for calculating loan interest.
Foreign currency loans have more complex legal issues in terms of loan price composition, etc. Lawyers should be familiar with them, but they are beyond the scope of this guide.
3. Types of loans
According to different lenders, they can be divided into self-operated loans, entrusted loans and specific loans.
(1) Self-operated loans refer to the lender issuing loans independently with funds raised in a legal manner. The risks are borne by the lender and the principal and interest are recovered by the lender.
(2) Entrusted loans refer to loans that the lender issues on behalf of, supervises the use of, and assists in the recovery of, based on the loan object, purpose, amount, term, interest rate, etc. determined by the entruster. The lender (trustee) only charges a processing fee and does not bear the risk of the loan.
(3) Specific loans refer to loans issued by wholly state-owned commercial banks after approval by the State Council and taking corresponding remedial measures for possible losses caused by the loans. Wholly state-owned banks refer to the Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, and China Construction Bank.
According to different repayment periods, they can be divided into short-term loans, medium-term loans and long-term loans.
(1) Short-term loans refer to loans with a loan term within 1 year (including 1 year). Short-term loans are more flexible, with short term, strong liquidity, fast turnover and large demand. Judging from the specific practices of financial institutions, there are mainly 6-month and 1-year terms. Short-term loans are one of the most important businesses of financial institutions.
(2) Medium-term loans refer to loans with a loan term of more than 1 year (exclusive) and less than 5 years (inclusive).
(3) Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).
According to the safety and security of the loan, it can be divided into credit loan, guaranteed loan and bill discount.
(1) The so-called credit loan means that the borrower can draw a loan from the bank based entirely on his or her own credit without providing collateral.
(2) Guaranteed loans refer to loans with a guarantee contract as a sub-contract of the loan contract, including guaranteed loans, mortgage loans and pledged loans. Guaranteed loans refer to loans issued in accordance with the guarantee method stipulated in the "Guarantee Law" and with a third party promising to assume general guarantee liability or joint liability as agreed when the borrower is unable to repay the loan. Mortgage loans refer to loans issued with a mortgage on the property of the borrower or a third party in accordance with the mortgage method stipulated in the Guarantee Law. Pledge loans refer to loans issued with the movable property or rights of the borrower or a third party as pledge in accordance with the pledge method stipulated in the "Security Law".
(3) Bill discount refers to the loan issued by the lender by purchasing the borrower's undue commercial paper.
The above categories of loans are overlapping... >>