First, the main problems in the supervision of electronic contracts in China at this stage
First, the electronic contract substantive law, supervision procedure law and other legislation can not meet the requirements at this stage. The supervision of electronic contracts is a highly technical job, which cannot be carried out without relevant rules and regulations.
Second, the related technology and supporting projects have not been established, which can not guarantee the supervision and management of electronic contracts. The development of electronic contract transaction needs a series of supporting measures, which is a systematic project, such as the authentication of market subject system, the effectiveness of electronic contract, the security and authenticity of electronic contract transaction, electronic evidence, and the jurisdiction of electronic contract disputes. The current legislation is seriously lagging behind, which has seriously affected the transaction and supervision of electronic contracts.
Third, the existing industrial and commercial registration system can not supervise the main body of online transactions, and there is no unified certification body.
Fourth, the level and ability of law enforcement personnel in industrial and commercial administrative organs are limited, and the means of law enforcement are single. ?
How to notarize the loan contract?
(1) The following documents and materials shall be submitted for notarization of the loan contract:
1. Qualification certificates of the borrower and guarantor (business license, financial business license) and identification of the legal representative;
2. If the agent handles it on his behalf, submit the power of attorney and the identity certificate of the trustee;
3, the guarantor agreed to guarantee and notarized valid written documents;
4. Several loan contracts, guarantee contracts and mortgage contracts;
5. In case of mortgage loan, the ownership certificate and registration certificate of the collateral shall be submitted;
6. Provide the list of collateral according to the contract number;
7. Other certificates and materials that the notary believes should be submitted.
(two) when handling the notarization of the loan contract, we should pay attention to the following matters:
1. The following persons cannot be used as guarantors.
(1) State organs;
(2) Public welfare institutions such as schools, kindergartens and hospitals;
(3) social organizations;
(4) branches and functional departments of an enterprise as a legal person.
2. The guarantee period of general guarantee and joint and several liability guarantee shall be stipulated in the contract.
3. The following property shall not be mortgaged.
(1) Land ownership;
(two) the right to use collectively owned land such as cultivated land, homestead, private plots and private plots;
(3) Educational facilities, medical and health facilities and other social welfare facilities of public institutions and social organizations;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(six) other property that may not be mortgaged according to law.
4. If the following properties are mortgaged, the mortgage registration formalities shall be handled.
(1) Mortgaged by the land use right of the fixed objects on the land;
(two) the mortgage of urban real estate or township (town) village enterprises and other buildings;
(3) Forest mortgage.
(4) Mortgaged by aircraft, ships or vehicles;
(5) Mortgaging the equipment and other movable property of the enterprise.
5. If the parties use other property as collateral, they can register the collateral voluntarily, and the registration department is the notary department where the mortgagor is located.
6. The notarial certificate with enforcement effect shall be clearly expressed by both parties.
Legal basis: Article 3 of People's Republic of China (PRC) Electronic Signature Law. In civil activities, the parties may agree to use or not use electronic signatures and data messages.
A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
The provisions of the preceding paragraph shall not apply to the following documents:
(a) involving marriage, adoption, inheritance and other personal relationships;
(two) involving the cessation of water supply, heating, gas supply and other public utilities services;
(3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.