浦發(fā)銀行個(gè)人抵押貸款合同英文

1、No.: SPD BankPersonal Guarantee Loan ContractContract version No.:SPDB201203SPD Bank Personal Guarantee Loan Contract Personal Guarantee Loan ContractSpecial Notes: The main body of the present contract is made up of Contract Terms and Conditions as well as Summary Sheet of Elements of the Contract

2、Terms and Conditions. The Contract Terms and Conditions needs not to be filled in, and all of its items to be filled in are indicated with specific codes; the Summary Sheet of Elements of the Contract Terms and Conditions is attached to the Part 2 of this contract by centralized printing or filling

3、in all the information which needs to be filled in. The borrower and the Loaner have confirmed that all the contents of the Summary Sheet of Elements of the Contract Terms and Conditions are correct, and also acknowledged that the contract elements which need to be filled in the Contract Terms and C

4、onditions are subject to the contents of the Summary Sheet of Elements of the Contract Terms and Conditions. All the contents of the Summary Sheet of Elements of the Contract Terms and Conditions correspond one-to-one with the specific codes of the items to be filled out in the Contract Terms and Co

5、nditions, and constitutes an integral part with the Contract Terms and Conditions.The borrower: ID certificate type and No.: The lender (the Mortgagee / the pledgee): Shanghai Pudong Development Bank Co., Ltd. BranchThe mortgager (name / designation of natural person or legal person): ID certificate

6、 type and No.: The pledger (name / designation of natural person or legal person): ID certificate type and No.: The guarantor (name / designation of natural person or legal person): ID certificate type and No.: Whereas:The borrower applies to the lender for RMB personal loan, in accordance with the

7、relevant laws, rules and regulations of the People's Republic of China, upon consensus through consultation among the parties, the present contract is hereby entered into for mutual observance.Meanwhile, the borrower, the guarantor and the lender hereby confirm that (check with a mark and unchec

8、k with a × mark according to the conditions): The present contract serves as an ancillary business document of the Personal Comprehensive Credit Granting Contract under the number of signed by the borrower and the lender. The present contract is an independent business document signed by the bo

9、rrower, the guarantor and the lender.Part 1 Contract Terms and Conditions Article 1 Loan Amount and Purpose1.1 The loan type of the present contract is S1.1A (personal car loan / personal consumption loan / personal business loan / personal credit loan / others: S1.1A), the loan amount is RMB S1.1B

10、Yuan (in words: RMB S1.1C Yuan), and it is used for S1.1D only and shall not be appropriated. The lender has the right to monitor the use of loans.Article 2 Loan Term, Interest Rate and Method for Interest Calculation 2.1 The loan term (and the debt performance period) under the present contract is

11、S2.1A (“ year(s) and month(s)”), and its start date is expected from the date S2.1B (from MM DD YY to MM DD YY). The actual loan start date is subject to the date recorded on the loan receipt.2.2 The value date of the loan under the present contract is the date of loan release. The method for intere

12、st calculation is as follows: the loan interest will be calculated on a daily, monthly and yearly basis. The calculation methods of full-year, full-month and full-day shall be adopted for loan interest. If full-year, full-month and full-day cannot be reached, the last day at the end of end is the fu

13、ll-day. If the loan period comes to the completion of year, the interest shall be calculated as per annual interest rate; if the loan period comes to the completion of month, the interest shall be calculated as per monthly interest rate; if the loan period covers full year (month) and remnant days,

14、the interest of the part of full year (month) shall be calculated as per yearly (monthly) interest rate, and the interest of the remnant days shall be calculated according to the actual number of days. The formula of computation is as follows: For the full year and full month: Interest = principal &

15、#215; period (the number of year(s) or month(s) × yearly or monthly interest rate;For the full year (month) and remnant day(s): Interest = principal × period (the number of year(s) or month(s) × yearly or monthly interest rate + the number of remnant day(s) × daily interest rate2

16、.3 Except otherwise specified by the both parties, the date of settlement of the loan interest under the present contract is the repayment date for each period agreed in the present contract.2.4 The loan interest rate under the present contract can adopt the floating interest rate, fixed interest ra

17、te or quasi-fixed interest rate, and actually adopts the method: S2.4A; Floating interest rateIt shall be executed according to the benchmark loan interest rate and floating range published by the People's Bank of China in the corresponding period. The loan interest rate under the present contra

18、ct is S2.4A 1 1 (“ above below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate within the loan period, then, since the time that the contract loan

19、interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate.The benchmark loan interest rate of the People's Bank of China in the

20、corresponding period while signing the present contract is: S2.4A 1 2 (“ % (annual interest rate)”). The executed interest rate is determined according to the benchmark loan interest rate on the actual date of loan release regulated by the People's Bank of China in the corresponding period as we

21、ll as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.If the benchmark loan interest

22、rate regulated by the People's Bank of China is adjusted within the loan period, then the contract interest rate shall be adjusted accordingly as per the S2.4A 1 3 method: Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmar

23、k loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment. No interest rate adjustment, and no interest accrual by stage. Others:

24、S2. 4A 1 3 Fixed interest rateIt shall be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period. The loan interest rate under the present contract is S2.4A 2 1 (“ above below %”) on the basis of the fixed loan

25、 interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the intere

26、st rate executed in the present contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A 2 2 (“ % (annual interest rate)”). The executed interest rate is determined according to the fixed loan interest rate on the actual date of

27、loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest

28、rate × the number of the month(s) of each period / 12. Quasi-fixed interest rateFixed interest rate will be executed for S2.4A 3 1 (“ month(s), estimated till MM DD YY) from the date of loan release. That is, it will be executed according to the fixed loan interest rate and floating range stipu

29、lated by Shanghai Pudong Development Bank in the corresponding period (the loan period is from the date of loan release till the date of expiry of the contract). The loan interest rate under the present contract is S2.4A 3 2 (“ above below %”) on the basis of the fixed loan interest rate published b

30、y Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the pr

31、esent contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A 3 3 (“ % (annual interest rate)”). The executed interest rate is determined according to the fixed loan interest rate on the actual date of loan release published by

32、the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of

33、the month(s) of each period / 12.After the expiry of the fixed interest rate, i.e., S2.4A 3 4 (from MM DD YY to MM DD YY), a floating interest rate will be executed. That is, it shall be executed according to the benchmark loan interest rate and floating range stipulated by the People's Bank of

34、China in the corresponding period (the loan period is calculated from the date of the loan release). The loan interest rate under the present contract is S2.4A 3 5 (“ above below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding per

35、iod. If the People's Bank of China adjusts the benchmark loan interest rate during the period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floa

36、ting proportion on the basis of the new loan benchmark interest rate. Therein, monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. If the bo

37、rrower needs to continue adopting the fixed interest rate to calculate the interest, then the borrower shall propose a separate application to the bank.If the benchmark loan interest rate regulated by the People's Bank of China is adjusted during the period of executing the floating interest rat

38、e, then the contract interest rate shall be adjusted accordingly as per the S2.4A 3 6 method: Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the fl

39、oating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment. No interest rate adjustment, and no interest accrual by stage. Others: S2.4A 3 6 2.5 If the borrower fails to repay the loan principal and interest of th

40、e current period in full on schedule as required, it will be regarded as overdue, and the lender will have the right to charge penalty interest in accordance with the relevant provisions of the People's Bank of China (see also the relevant contents of Article 12 of the present contract).Article

41、3 Conditions on the borrowers Money Withdrawal 3.1 Unless agreed by the lender, the lender will have no obligation to release the loan under the contract to the borrower until the following conditions are fully met and satisfactory to the lender in terms of form and content:3.1.1 The borrower has su

42、bmitted all the documents and data as required by the lender and obtained the approval of the lender.3.1.2 The present contract and its relevant annexes have been legally signed and entered into force.3.1.3 The guarantee rights or similar priority rights have been legally established and entered int

43、o force (if any): for the loan guaranteed by means of mortgage, its insurance and mortgage registration procedures have been completed, and the collateral registration voucher, ownership voucher, mortgage right voucher / other right voucher, and insurance policy original copy have been delivered to

44、the lender for possession; for the loan guaranteed by means of pledge, the pledge object has been delivered to the lender for possession; for the pledge act requiring handling with registration procedures according to the law, the registration has been completed.3.1.4 A compulsory notarization has b

45、een processed by the notarization office approved by the lender for the present contract and the guarantee documents related with the present contract as well as other files (if the lender requires).3.1.5 The borrower has opened a bank account for money withdrawal, interest payment, expense payment,

46、 repayment and etc. as required by the lender.3.1.6 Other conditions proposed by the lender.3.2 Notwithstanding the provisions of the preceding paragraph, the establishment of the above conditions for money withdrawal does not represent that the lender necessarily has the obligation to release the l

47、oan when the above conditions are meet. The lender may suspend, and reduce or cancel the release of the loan and notice the borrower under the circumstances that the lender needs to adjust and increase the conditions for the loan release according to its own limits due to the changes of law, rules a

48、nd regulations as well as policies or the restrictions of the governments macro currency policies or financial regulatory policies or that other major incident change occurs; and moreover, if the lender release the loan when the above said conditions are not fully met, it will not constitute a defec

49、t of the lenders performance of contract.Article 4 Loan Release and Payment4.1 The borrower agrees the lender to pay the loan money according to the payment method of S4.1A: 4.1.1 Method of payment by the lender upon authorizationIt means that the lender pays the loan money to the borrowers transact

50、ion objects which are compliant with the purpose agreed in the present contract according to the borrower's application for money withdrawal request and payment authorization. The specific loan payment provision is S4.1A 1: The borrower has opened a special account for loan. The borrower authori

51、zes the lender to transfer the loan money to the special account for loan opened by the borrower at the place of the lender when the conditions for loan release are met. The account No. of the special account is S4.1A 1 1. The above said transfer act of the lender is the money withdrawal of the borr

52、ower. The borrower can only transfer the loan money under the present contract in the special account for loan, to the account of its transaction object that the borrower applies for to the lender under the present contract and supplementary change agreement and the lender approves and agrees to bin

53、d with the special account for loan payment. If the borrower has not yet determined the information on the binding paid transaction object when entering into the present contract, or needs to change the information on the binding paid transaction object after entering into the present contract, the

54、borrower shall specify it by signing a supplemental agreement or alteration agreement with the lender. The amount that the borrower transfers to any binding paid transaction object shall conform to the agreement between the both parties, and the entire total amount that the borrower transfers to all

55、 the binding paid transaction objects shall not exceed the total loan amount of the present contract. The borrower agrees that, according to the provisions and requirement of the lender, the borrower shall use the loan money which will not be used any more in the special account for loan to make ear

56、ly repayment of the loan under the contract. When the present contract is entered into, the information on the transaction object which is bound with the special account for loan payment is as follows:(1) The name of the transaction object is S4.1A 1 2, and its account No. / passbook No. / card No. is S4.1A 1 2, its account bank is S4.1A 1 2, and its payment amount shall be not more than (currency & amount) S4.1A 1 2;(2) The