What are the features and considerations of a loan contract?

Advocates written agreement. Borrowing and lending parties to form a loan contract, must be agreed in writing. Commonly used is the "loan", write the loan must not write only "this borrowed so-and-so RMB × × × × yuan", not to "receipt" instead of debit, the best way is to enter into a written contract. The lender should require the borrower in the issuance of a loan or sign a contract according to the agreement will be borrowed for the purpose of borrowing, the amount of money borrowed, the borrowing rate, the time and manner of payment, repayment period, the guarantor and the way of guarantee, etc., and write the date of issuance of the loan and the borrower's signature. The signature should preferably be countersigned by the borrower, the lender, and the person present***. It should be agreed in accordance with the law. Private lending and bank lending, the rights and obligations agreed by the parties must be legal. Such as interest, must pay attention to the maximum interest rate shall not exceed 4 times the bank interest rate for similar loans, more than the maximum upper limit of the part of the unprotected, if the contract did not agree on the interest or interest agreement is not clear, it is deemed not to pay interest. If the agreement to guarantee the mortgage, it should be noted that the collateral used to guarantee the collateral must be the borrower's legal property, when the borrower can not repay the loan due, the collateral is available for the lender to directly dispose of or realize the collateral. The correct use of receipts. The receipt in the lending relationship is the receipt of the loan certificate. Private lending activities, with the "receipt" instead of "loan" phenomenon is not uncommon, due to receipt, loan caused by disputes are not uncommon. Receipt is generally to receive belongs to their own or can be used by their own goods and hand over to the other side of the proof. Customarily, the private loan borrower to the lender often issued "receipt", "receipt" to replace "loan". In private lending disputes, may produce two understandings, both can be regarded as proof of the borrower received the lender lending money, also can be understood as writing a receipt to receive their own and the other party should be payable to their own money, rather than loan money. In order to avoid such disputes, to use a good receipt, first, do not use "receipt" instead of "loan"; Second, the lender according to the loan or contract to deliver the borrower's money, the borrower issued by the borrower set out in the "received to so-and-so how much borrowing "The receipt to the lender, as a loan or loan contract of the loan subject matter of the actual delivery of evidence; Third, the borrower to return the loan, the lender issued a set of receipts "received from a person to return the loan how much" receipt to the borrower, to avoid the loan, the contract is improperly discarded caused by disputes. In this way, can reduce private lending disputes. Pay attention to the statute of limitations. The statute of limitations is an important part of the claim of civil rights, the statutory limitation of lending tort disputes for two years, counting from the time the claim is infringed. If a repayment period has been agreed upon at the time of borrowing, it shall be counted from the expiration of the period; if no repayment period has been agreed upon at the time of borrowing, it shall be counted from the date of the lender's first reminder to the borrower to repay the loan. Beyond the legal statute of limitations, the lender's claim is not lost, but will lose the right to win the lawsuit for legal remedies.