Công ty lu?t TNHH Hà ?ô

If mixer inability to repayment

Question:

I let her T 350 million loan amount, interest rate 0.8% / month, with loan write papers. She T pay interest to me within 9 months, her T bankrupt and left the locality. I do not claim to be owed to the new petition, her family called her T T on. She T agrees to sell the debt, but the debt is too big for her T also borrowed from others with different interest rates. So in this case you have sinned T appropriating assets, may be prosecuted for criminal liability? Lending rates of high I do not? I sincerely thank you!

Answer:

1. criminal prosecution against her T

According to the information you provide, her T has the following acts: (i) your Loan with interest rate of 0.8% / month. Loan purpose, you do not talk to; (Ii) After the inability to pay debts, she fled the local T, can in order to evade creditors.

The behavior of her T signs of fraud to appropriate property or abuse of trust assets appropriated.

Article 139 of the Criminal Code provisions on fraud assets appropriated as follows: Those who, through the fraudulent appropriation of the other assets are valued at the lower of two million to fifty million, or less than two million contract but cause serious consequences or has been administratively sanctioned for acts of appropriation or has been convicted of misappropriating assets, not remission, but also violated, shall be sentenced to non-custodial reform three years or imprisonment from six months to three years.

Article 140 of the Criminal Code provides for Abusing trust assets appropriated as follows: Those who have one of the following acts appropriating other people's property valued at less than four million and fifty million contract or under four million but cause serious consequences or has been administratively sanctioned for acts of appropriation or has been convicted of misappropriating assets, not remission, but also violated, shall be sentenced to improve custodial up to three years or imprisonment from three months to three years:

- Borrowing, lending, leasing the property of another person or property received by others in the form of contract and fraudulent tricks or fled to usurp the property;

- Borrowing, lending, leasing the property of another person or property received by others in the form of contracts and has used that property for the purposes of illegal leading to inability to return the property.

However, her T guilty or not, can be prosecuted for criminal liability or not, must be made by the agency conducting the proceedings (the investigation, prosecutor, court) decision based on the evidence itself and the laws involved. In order to protect the legitimate rights and interests of you, you can send the petition to the competent authorities and provide evidence contribute to solving the case.

2. The interest rate for loans between you and her T

Property loan contract is an agreement between the parties whereby the lender over the property to the borrower; paid when due, the borrower must repay the loan assets of the same type in accordance with the quantity, quality and pay interest only if the agreement or legal regulations. Article 476 of the Civil Code provisions on interest rates as follows:

- Loan interest rate by the parties but shall not exceed 150% of the base rate by the State Bank announced for the respective types of loans.

- In cases where the parties have agreed on the payment of interest, but does not specify the interest rate or interest in dispute about the basic rate applied by the State Bank announced corresponding loan period at of debt repayment.

So, you can learn about the base rate by the State Bank announced at the time of the loan to determine lending rates between you and her T in accordance with the law or not.

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

Điện thoại: (024) 730 86 999 / Mobi: 090 45 45 299

Email: infor@hado-law.com / Email: infor.ssv@gmail.com