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Debt contract (expert)
DEBT CONTRACT (EXPERT) № ___
Cape Town «__» ________ 20____
I (Me) _______________________________________________, hereinafter referred to as DEBTOR, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as LENDER, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Contract of Debt (hereinafter — the Contract):
Cape Town «__» ________ 20____
I (Me) _______________________________________________, hereinafter referred to as DEBTOR, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as LENDER, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Contract of Debt (hereinafter — the Contract):
ARTICLE 1. CONTRACT SUBJECT
1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract).
1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract).
1.2. Under the Contract provisions, it is a loan. The loan purpose is defined in the Term liability (Annex № 1 to the present Con-tract).
1.3. The DEBTOR shall return the LENDER the loan in terms and conditions set out by the Contract.
1.4. In case of delayed loan repayment, percentage for the entire loan period is to be paid.
ARTICLE 2. LOAN GRANTING ORDER
2.1. The loan is issued at the time of DEBTOR application.
2.1. The loan is issued at the time of DEBTOR application.
2.2. The DEBTOR has right to receive a loan within 7 (seven) calendar days from the date of signing the Contract.
ARTICLE 3. THE LOAN USAGE AND RETURN ORDER
3.1. Loan return is to be made by the DEBTOR on the conditions provided in the Term liability (Annex № 1 to the present Con-tract).
3.1. Loan return is to be made by the DEBTOR on the conditions provided in the Term liability (Annex № 1 to the present Con-tract).
3.2. Loan return is made by money transfer to the LENDER
with drawing up the Receipt on a loan return or money transfer to the LENDER
account.
3.3. At penalty calculation the actual quantity of calendar days in period when payment is made is considered, and a real number of calendar days in a year (365 or 366).
3.4. The DEBTOR has the right to return the loan or its part without its minimum part restriction in advance.
3.5. The date of loan return (repayment of the basic debts, interest for using a loan, the penalty) under the Contract is the date of money entering (payment) in the LENDER cash desk or money receipts on the LENDER account.
3.6. Loan return and also percent payment for using a loan and penalties can be carried out on a non-working (day off, celebratory) day not changing the transfer term (payment entering) of money by the LENDER.
3.7. DEBTOR refunds all expenses connected with loan return (debts collecting) under the Contract to the LENDER, including full representative fee on the basis of the Contract of legal service rendering.
3.8. The amounts arriving on account for loan return (repayment of the basic debts) under the Contract, including the third parties entries, are directed not depending on a payment function specified in the Receipt on loan return and-or in the payment draft, in the following sequence:
1) On compensation of judicial and other expenses on loan return (debts collecting), and also for representative fee;
2) For penalty payments;
3) On payment of the delayed percent for loan usage;
4) On urgent percent payment for loan usage;
5) On delayed debts repayment under a loan;
6) On urgent debts repayment under a loan (loan return).
1) On compensation of judicial and other expenses on loan return (debts collecting), and also for representative fee;
2) For penalty payments;
3) On payment of the delayed percent for loan usage;
4) On urgent percent payment for loan usage;
5) On delayed debts repayment under a loan;
6) On urgent debts repayment under a loan (loan return).
3.9. The payments directed by the DEBTOR on pre scheduled loan return, are set on account of the loan nearest (time) payments of return, specified in article 3.1 of the Contract, according to the sequence of payments specified in article 3.8 of the Contract.
3.10. The LENDER is the tax agent according to article 24 of the Tax code of the Russian Federation,
Verification is carried out at the request of one of the parties, the results of which shall be composed of reconciliation and settlement.
Conditions of the loan sum return can be also provided by the Term liability (Annex № 1 to the Contract).
Verification is carried out at the request of one of the parties, the results of which shall be composed of reconciliation and settlement.
Conditions of the loan sum return can be also provided by the Term liability (Annex № 1 to the Contract).
ARTICLE 4. PARTIES RIGHTS AND OBLIGATIONS
4.1. The LENDER undertakes the loan giving out upon the DEBTOR application according to the conditions of article 2.1 and article 2.2 of the Contract in cash on the day of application submission.
4.1. The LENDER undertakes the loan giving out upon the DEBTOR application according to the conditions of article 2.1 and article 2.2 of the Contract in cash on the day of application submission.
4.2. The LENDER has right to:
4.2.1. Decrease the penalty size and-or establish a time period when the penalty is not raised at own discretion, notifying the DEBTOR unilaterally
Penalty size decrease and-or establish a time period when the penalty is not raised, comes into force from the date specified in a corresponding notice for the LENDER;
4.2.1. Decrease the penalty size and-or establish a time period when the penalty is not raised at own discretion, notifying the DEBTOR unilaterally
Penalty size decrease and-or establish a time period when the penalty is not raised, comes into force from the date specified in a corresponding notice for the LENDER;
4.2.2. Demand the DEBTOR ahead of schedule return of entire loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions in a case of:
а) DEBTOR default or inadequate obligations execution (including unitary) on loan return and-or payment of percent for using a loan under the Contract;
b) DEBTOR obligations provided by article 4.3.2 of the Contract default;
а) DEBTOR default or inadequate obligations execution (including unitary) on loan return and-or payment of percent for using a loan under the Contract;
b) DEBTOR obligations provided by article 4.3.2 of the Contract default;
4.2.3. Establish quarterly periodic loan return and-or percent for using a loan under DEBTOR application in exceptional cases for no more than 6 (six) months term.
At quarterly payment of percent for using a loan, the LENDER makes self recalculation of the interest rate for its monthly to quarter basis reduction;
At quarterly payment of percent for using a loan, the LENDER makes self recalculation of the interest rate for its monthly to quarter basis reduction;
4.3. The DEBTOR is obliged to:
4.3.1. Issue the Term liability (Annex № 1 to the Contract) for loan reception.
4.3.1. Issue the Term liability (Annex № 1 to the Contract) for loan reception.
4.3.2. Notify the LENDER on change of the registration address (residence permit), an actual residence, work, a surname, a name or other circumstances, capable of affecting the DEBTOR obligations execution under the Contract in time not later than 3 (three) working days.
4.3.3. Return all of a loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions, in the cases listed in article 4.2.2of the Contract ahead of schedule on the LENDER request.
4.3.4. Concede no full or in partial rights and obligations under the Contract to the other person without LENDER consent.
4.4. The DEBTOR duties are considered to be properly and completely executed after the LENDER return of all sum of a loan, payment of percent for using a loan and the penalty according to the treaty provisions, defined on the date of a loan return, and the debts collecting reimbursement.
4.5. Not later than within 7
(seven) days from the date of receipt of the white copy of the Contract and /
or Annexes thereto from the LENDER, in the absence of disagreements, they shall
be signed and one copy of signed documents shall be returned to the LENDER
4.6. The DEBTOR has right to:
4.6.1. Address the LENDER in exceptional cases with application for a temporary assignment of quarterly period of a loan return and-or payment of percent for using a loan for the term up to 6 (six) months (with corresponding interest rate recalculation making it quarter based).
4.6.1. Address the LENDER in exceptional cases with application for a temporary assignment of quarterly period of a loan return and-or payment of percent for using a loan for the term up to 6 (six) months (with corresponding interest rate recalculation making it quarter based).
ARTICLE 5. THE BASIS AND ORDER OF THE CONTRACT TERMINATION
5.1. The LENDER has the right to terminate the Contract with the DEBTOR on the conditions provided by the Term liability (Annex № 1 to the Contract).
5.1. The LENDER has the right to terminate the Contract with the DEBTOR on the conditions provided by the Term liability (Annex № 1 to the Contract).
5.2. Contract termination is fulfilled as written corresponding notice direction to the DEBTOR by the certified mail or the telegram with confirm on receipt.The contract is considered to be terminated from the date specified in the mail article receipt accepted by the mail service operator, or from the date of notice delivery to the authorized employee upon receipt if no other date is specified in the notice.
ARTICLE 6. PARTIES RESPONSIBILITIES
6.1. At untimely loan return and-or payment of percent for its usage, the DEBTOR pays the LENDER a penalty at a rate of 0,2% from the sum of untimely made payment for each calendar day of obligations delay. The penalty for untimely loan return, percent for using a loan are paid by the DEBTOR in loan curren-cy.
6.1. At untimely loan return and-or payment of percent for its usage, the DEBTOR pays the LENDER a penalty at a rate of 0,2% from the sum of untimely made payment for each calendar day of obligations delay. The penalty for untimely loan return, percent for using a loan are paid by the DEBTOR in loan curren-cy.
6.2. The term readout charging percent for using a loan starts the next day after the loan sum delivery for the DEBTOR and comes to an end with date of the DEBTOR definitive repayment of formed debt in connection with loan return.
6.3. The LENDER shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:
6.3.1. in case of signing of the Contract with the Statement of Disagreements by the DEBTOR without prior harmonization of these disagreements with the LENDER
6.3.2. In case of DEBTOR breach of the Contract and/or Annexes thereto, provided for in par. 4.5 of the Contract.
6.3.3. In case of DEBTOR breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 7.11. of the Contract.
ARTICLE 7. OTHER PROVISIONS
7.1. The contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.1. The contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.2. Unless otherwise specified in
this Agreement and the Commission Agreement, the DEBTOR carries out business
activities..
7.3. The DEBTOR enters the Contract not aiming to receive any results, data, information etc. for personal, family or any domestic usage. The DEBTOR carries out business activity only.
7.4. Changes and additions to the Contract, except the cases provided by article 4.2.1 of the Contract, are valid, if they are made in writing and signed by the DEBTOR and the LENDER.
7.5. In case of dispute of questions provided by the Contract occurrence, the Parties will take all possible means to avoid them by negotiations.
7.6. Any arguments appearing
or that might appear upon the Contract (specific legal relation) between the
SIDES also connected with its conclusion, execution (non-execution or incorrect
execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by
the Arbitration Center at the autonomous non-profit organization
"Institute of Contemporary Arbitration" in accordance with the
provisions of the Arbitration Rules.
7.7. The Contract conditions are not defined by them in forms or any other standard patterns. The Parties have right to make changes to the present Contract when each change is under agreement to an opposite side. The Contract is not a version of a Connection contract.
7.8. The parties assure that this transaction is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another.
7.9. The LENDER gives the information on the Contract conclusion and its conditions to the third parties only after the DEBTOR written approval except for the cases provided by the current legislation of the Russian Federation.
7.10. DEBTOR has no right to transfer the rights under the Contract to the third parties without the LENDER written approval.
7.11. When signing this Agreement,
each page thereof shall be
subject to requisite handwritten signature.
7.12. To the extent not regulated by this Agreement the relations between the Parties should be regulated by material and processual law of the Russian Federation.
7.13. If any inconsistency in text in foreign languages of this Agreement is present, it should be ruled by the Russian language version.
7.14. The Contract is signed in two original copies, one for each PARTY, each having an identical validity.
7.15. All the Contract Annexs are being its integral part:
Annex № 1 — Term liability;
Annex № 2 — The DEBTOR application;
Annex № 3 — The loan voucher.
Annex № 1 — Term liability;
Annex № 2 — The DEBTOR application;
Annex № 3 — The loan voucher.
8. LEGAL ADDRESSES, details AND SIGNATURES OF THE PARTIES
LENDER
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
_________________________________________ Akenzua A.
L.S.
DEBTOR
Full name: ___________
Nationality: __________
Date of birth: ________
Place of birth: ________
Residence: ___________
Tel/Fax: _____________
E-mail: ______________
ID (name, series, number, delivery date, issued by, other info): ________
_______________________________________________ FIO
LENDER
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
_________________________________________ Akenzua A.
L.S.
DEBTOR
Full name: ___________
Nationality: __________
Date of birth: ________
Place of birth: ________
Residence: ___________
Tel/Fax: _____________
E-mail: ______________
ID (name, series, number, delivery date, issued by, other info): ________
_______________________________________________ FIO
ANNEX №1
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
TERM LIABILITY
Cape Town «__» ________ 20___
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
TERM LIABILITY
Cape Town «__» ________ 20___
1. The LENDER Under the Debt Contract (Expert) dd «__» __________ 20__ № __ (hereinafter — the Contract) undertakes to land (issue) the DEBTOR once at any one time the money:
- in amount of: 00 000 (summa) rubles;
- under percentage: 10% (ten) percent of the loan amount;
- the term of loan return: the moment of loan return is defined by the date the COMMITTENT membership in the system of club vacation (timeshare) sale according to the Commission Contract signed under the Agreement (Report) on Intentions of «__» __________ 20__ № __ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and ________. (COMMITENT).
- loan return order: the loan sum is returned one step at a time;
- the loan purpose:service payment (work)to the Agent according to the Contract of Independent Expert Examination carry out dd «__» __________ 20__ № __, concluded by ALPA CONSULTING LIMITED (AGENT) и ________. (PRINCIPAL).
2. The DEBTOR Under the Contract undertakes to:
• return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
• to pay the percent added according to treaty provisions monthly, and also simultaneously with the sum of the basic loan return in case of under percent loan granting.
• return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
• to pay the percent added according to treaty provisions monthly, and also simultaneously with the sum of the basic loan return in case of under percent loan granting.
3. DEBTOR obliged to return early to the Lender the amount of the loan upon the occurrence of one of the following cases the fault of the DEBTOR:
3.1. Ivanov I.I. (COMMITTENT) under the Agreement(Report) of Intentions dd «__» __________ 20__ № __, concluded by the Committent and ALPA CONSULTING LIMITED (THE COMMISSION AGENT) refusal to sign the Commission Contract;
3.2. unilateral termination of the Commission Contract signed under the Agreement (Report) on Intentions of «__» __________ 20__ № __ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and Ivanov I.I. (COMMITENT).
3.3. Ivanov I.I. (COMMITTENT) not coordinated to ALPA CONSULTING LIMITED (THE COMMISSION AGENT) under Agreement (Report) on Intentions of «__» __________ 20__ № __ and/or the Commission Contract signed under the Agreement (Protocol) on Intentions of «__» __________ 20__ № __ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and Ivanov I.I. (COMMITENT) unilaterally (not coordinated to the COMMISSION AGENT) performs actions that violate (contradict) the reached guarantees and assurance;
3.4. unilateral termination of the Contract of Independent Expert Examination dd «__» __________ 20__ № __, concluded by ALPA CONSULTING LIMITED (Agent) and Ivanov I.I. (Principal).
4. This Term liability is an integral part of the Contract.
DEBTOR
_________________________________________________ FIO
LENDER
General manager
________________________________________ Panchariya M.
L.S.
DEBTOR
_________________________________________________ FIO
LENDER
General manager
________________________________________ Panchariya M.
L.S.
ANNEX № 2
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
APPLICATION
Cape Town «__» ________ 20___
The DEBTOR, Under the Debt Contract (expert) dd «__» ________ 20__ № __ (hereinafter — the Contract) requests the LENDER to issue the loan on the conditions specified in the Tern liability dd «__» ________ 20__ № __ (Annex № 1 to the Debt Contract (expert) dd «__» ________ 20__ № __).
DEBTOR:
_______________________________________________________
(Full name – filled in by the DEBTOR, signature)
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
APPLICATION
Cape Town «__» ________ 20___
The DEBTOR, Under the Debt Contract (expert) dd «__» ________ 20__ № __ (hereinafter — the Contract) requests the LENDER to issue the loan on the conditions specified in the Tern liability dd «__» ________ 20__ № __ (Annex № 1 to the Debt Contract (expert) dd «__» ________ 20__ № __).
DEBTOR:
_______________________________________________________
(Full name – filled in by the DEBTOR, signature)
ANNEX № 3
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
(filled in with the Debtor’s own hand)
RECEIPT FOR LOAN CONTRACTING
Cape Town «__» ________ 20___
I (Me) ________ (DEBTOR):
Nationality:
Date of birth:
Place of birth:
Sex:
Residence:
Tel/Fax:
E-mail:
ID (name, series, number, delivery date, issued by, other info): ________
Actual residence:
The Employer name and residence:
Taxpayer ID (if avialible):
Under the Debt Contract (expert) dd «__» ________ 20__ № __ received from ALPA CONSULTING LIMITED (LENDER), in the person of the General manager of Panchariya Mukesh, the sum of money that makes 0 000 (Summa) rubles.
ISSUED
lender
_______________________________________________________
(FULL NAME — filled in by the LENDER, signature)
ACCEPTED
debtor
________________________________________________________
(FULL NAME — filled in by the DEBTOR, signature)
to the Debt Contract (expert)
dd «___» ____________ 20___ № __
(filled in with the Debtor’s own hand)
RECEIPT FOR LOAN CONTRACTING
Cape Town «__» ________ 20___
I (Me) ________ (DEBTOR):
Nationality:
Date of birth:
Place of birth:
Sex:
Residence:
Tel/Fax:
E-mail:
ID (name, series, number, delivery date, issued by, other info): ________
Actual residence:
The Employer name and residence:
Taxpayer ID (if avialible):
Under the Debt Contract (expert) dd «__» ________ 20__ № __ received from ALPA CONSULTING LIMITED (LENDER), in the person of the General manager of Panchariya Mukesh, the sum of money that makes 0 000 (Summa) rubles.
ISSUED
lender
_______________________________________________________
(FULL NAME — filled in by the LENDER, signature)
ACCEPTED
debtor
________________________________________________________
(FULL NAME — filled in by the DEBTOR, signature)
APPLICATION
to the Debt Contract (expert) dd «___» __________ 20__ № __
Cape Town «__» ________ 20___
I (Me) __________________________________________________, hereinafter referred to as the Debtor as one party hereby request to the ALPA CONSULTING LIMITED, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter , as the other party, as follows:
Under the concluded Debt Contract (expert) dd «__» ________ 20__ № __ (hereinafter – the Contract), transfer the received loan sum that makes 00 000 (Summa) rubles to the bank account of XANTO TRADING LLP, 235 Old Marylebone Road,London, NW1 5QT United Kingdom, Bank of Cyprus, 121-123 Arch. Makariou III Ave, 3021 Limassol Cyprus, IBAN NUMBER: CY 63 0020 0195 0000 3570 2495 5937, SWIFT: BCYPCY2N. Tel +357 22128000, Tel/Fax:+44 207 193 4360 that shall confirm the Service payment according to the Commission Contract of Independent Examination carry out dd «___» ________ 20__ № __, concluded between ALPA CONSULTING LIMITED (AGENT) and ________ (PRINCIPAL).
From the moment of transferring the sum specified in the Application to XANTO TRADING LLP bank account, I ask to consider obligations of the Agent to the Principal, within the limits of the Contract, as fully executed.
DEBTOR
_______________________________________________ FIO
ACQUAINTED, no objections:
LENDER
General manager
_________________________________________ Akenzua A.
L.S.
to the Debt Contract (expert) dd «___» __________ 20__ № __
Cape Town «__» ________ 20___
I (Me) __________________________________________________, hereinafter referred to as the Debtor as one party hereby request to the ALPA CONSULTING LIMITED, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter , as the other party, as follows:
Under the concluded Debt Contract (expert) dd «__» ________ 20__ № __ (hereinafter – the Contract), transfer the received loan sum that makes 00 000 (Summa) rubles to the bank account of XANTO TRADING LLP, 235 Old Marylebone Road,London, NW1 5QT United Kingdom, Bank of Cyprus, 121-123 Arch. Makariou III Ave, 3021 Limassol Cyprus, IBAN NUMBER: CY 63 0020 0195 0000 3570 2495 5937, SWIFT: BCYPCY2N. Tel +357 22128000, Tel/Fax:+44 207 193 4360 that shall confirm the Service payment according to the Commission Contract of Independent Examination carry out dd «___» ________ 20__ № __, concluded between ALPA CONSULTING LIMITED (AGENT) and ________ (PRINCIPAL).
From the moment of transferring the sum specified in the Application to XANTO TRADING LLP bank account, I ask to consider obligations of the Agent to the Principal, within the limits of the Contract, as fully executed.
DEBTOR
_______________________________________________ FIO
ACQUAINTED, no objections:
LENDER
General manager
_________________________________________ Akenzua A.
L.S.
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