Companies can provide guarantees for individuals in private lending, and the guarantors mainly include: (1) wholly-owned enterprises and partnership enterprises registered and obtained business licenses according to law; (2) An affiliated enterprise registered to obtain a business license according to law; (3) A Chinese-foreign contractual joint venture that has registered and obtained a business license according to law; (four) social organizations approved and registered by the civil affairs department; (5) township, street and village-run enterprises that have been approved and registered to obtain business licenses. Legal basis: Article 388 of the Civil Code of People's Republic of China (PRC) establishes a security interest, and a security contract shall be concluded in accordance with this law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail. Article 390 During the guaranty period, if the mortgaged property is damaged, lost or expropriated, the owner of the secured property may get the insurance money, compensation or compensation in priority. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation may also be deposited.
If the company as a legal person guarantees loans to individuals, will it affect the company?
Guaranteed loans provided by corporate entities to individuals have an impact on the company. According to Article 16 of the Justice Law, "Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the general meeting of shareholders in accordance with the articles of association. Where the articles of association have limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, they shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting. "
Article 504 of the Civil Code: "Unless the counterpart knows or should know that the legal representative of a legal person or the person in charge of an unincorporated organization has exceeded his authority, the representative's behavior is valid, and the contract concluded is valid for a legal person or an unincorporated organization."
Can Xinbao Company guarantee a personal loan of 2 million?
Of course.
Credit insurance services are mainly for small and micro enterprises and entrepreneurs in urban areas that meet the standards recognized by the Ministry of Industry and Information Technology. The maximum guarantee service for single-family enterprises is 5 million yuan, and the maximum guarantee service for individuals is 2 million yuan. The annual guarantee rate is generally 1%, and the lowest is 0.75%. Special guarantee loans for entrepreneurship are free of guarantee fees.
To apply for credit guarantee service, the applicant submits a guarantee application to the credit guarantee center through the cooperative bank. After preliminary examination, the bank invited the credit guarantee center to visit together and conduct on-site guarantee service investigation.
The company guarantees personal loans.
Loans to guarantee companies are handled as follows:
Step 1: Submit the required documents.
Documents required by the mortgage borrower (natural person):
1. Property right certificate or house ownership certificate and land use right certificate;
2. The borrower's ID card and household registration book;
3. The following documents are also required (the borrower shall prepare corresponding documents according to his own situation).
A. Single certificate 65438+ 0 unmarried certificate issued by the civil affairs bureau where the household registration is located.
B Marriage certificate, marriage certificate, spouse ID card and household registration book in 3 copies.
C divorce certificate issued by the civil affairs bureau where the household registration is located *** 1 copy.
Step 2: Professional evaluation
Our company will entrust a professional appraisal agency to conduct on-the-spot appraisal of the collateral and estimate its approximate value according to its location, floor, area and orientation.
Step 3: Sign the entrustment agreement.
If the borrower (lender) negotiates all matters with the company, the company will sign an entrustment agreement with the borrower (lender).
Step 4: Sign the mortgage loan contract.
The borrower and the lender must be present and sign the mortgage loan contract. Please read every clause in the contract carefully before signing, and don't leave out any details. If anything happens in the future, this contract will serve as a legal basis.
Step 5: Notarization
Borrowers and lenders must go to the notary office for notarization.
Step 6: Apply for house mortgage certificate (certificate of other rights).
The guarantee company will send people to assist both borrowers and borrowers to apply for housing mortgage warrants.
Step 7: Borrow.
After all formalities are completed, the lender will deposit the cash into the borrower's account. At this point, the loan process is completed.
Can the company guarantee personal loans?
According to the Company Law, directors and managers are not allowed to guarantee the debts of shareholders or other individuals with the assets of the company. In addition, according to the relevant judicial interpretation of the law, after the directors and managers violate the company law and provide guarantees for the debts of the company's shareholders or other individuals with the company's assets, the debtor and the guarantor shall be jointly and severally liable for the losses of the creditors, except what the creditors know or should know.
legal ground
Article 682 of the Civil Code stipulates that if the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities for their respective faults.
What kind of behavior does the personal loan company guarantee belong to, and does the individual have to bear legal responsibility?
If the personal loan is guaranteed by the company, the individual has the legal responsibility to repay the loan, and the company shall agree to bear the corresponding guarantee responsibility.
Legal analysis
If the individual is the borrower and the company provides guarantee for the individual's loan, then the legal relationship between the individual and the lender is established, and the guarantee relationship between the company and the lender is established. As a borrower, the individual needs to repay the loan to the lender, and as a guarantor, the company needs to bear the guarantee responsibility to the lender, so the individual needs to bear the legal responsibility. First of all, if the guarantor, the debtor and the creditor clearly agreed on the corresponding responsibilities at the beginning of signing the contract, then they should be dealt with according to the responsibilities agreed in the contract. Because, in the legal sense, debt is still civil, mainly based on civil negotiation. Therefore, if the two parties have agreed on a clear division of responsibilities from the beginning, then the original agreement of the three parties shall prevail. Another special case, that is, the contract between the two parties is not clearly stipulated, that is to say, the loan agreement only States that the two parties are guarantors, but does not clearly state the specific amount of guarantee liability. Then, at this time, it will be handled according to "joint and several liability". From the legal point of view, at this time, the guarantor and the debtor will be regarded as the same beneficiary. Finally, the general guarantee responsibility divides the guarantor into the real "neutral guarantor" status. This requires the contract to stipulate in advance that the guarantor shall bear the general guarantee responsibility.
legal ground
People's Republic of China (PRC) Civil Code
The forms of suretyship include general suretyship and joint liability suretyship. If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.
Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract. The guarantor of a general guarantee has the right to refuse to assume the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances: (1) The debtor's whereabouts are unknown and there is no property for execution; (2) The people's court accepted the bankruptcy case of the debtor; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts; (4) The Guarantor waives the rights stipulated in this clause in writing.
This concludes the introduction of the company's personal secured loans and the company's personal secured loans. I wonder if you have found the information you need?