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.
Is it illegal for the company to guarantee employees?
Hello, I'm Lao Xu, a struggling financial worker. Please pay attention to me and discuss financial problems with me!
It is not illegal for a company to guarantee its employees. As long as the company passes the resolution of the shareholders' meeting and makes a guarantee resolution on the basis of complying with the provisions of the articles of association, it is in compliance with the law.
According to the loan requirements of financial institutions, for some qualified customers, financial institutions will directly give customers credit loans. If there are some problems with the repayment ability of users, financial institutions will ask customers to find guarantors with guarantee ability to guarantee credit loans. The guarantor's intervention is mainly to ensure the safety of credit loans.
Financial institutions require the guarantor to have the guarantee ability, which is mainly reflected in the guarantor's credit status and repayment ability, among which the guarantor's credit status is the primary prerequisite, and the guarantor's good credit is the primary condition for financial institutions to recognize its guarantee ability. If the guarantor's credit status is not very good, then the financial institution will not agree to the guarantor's participation in the guarantee. Secondly, the repayment ability of the guarantor. The guarantor should have a stable income and can bring a sense of security to financial institutions. Guarantors should generally provide running water, income certificates and other materials to prove their guarantee ability. Only by meeting the requirements of financial institutions can we provide guarantees for customers.
In your case, employee loan, the company provides guarantee for employee loan. This is no problem at all, as long as the loan money is for employees' own use, it is in line with the law. If the employee's loan is used for the company's operation, then the company will guarantee the employee's loan, then there will be problems, and the appropriate users of funds will guarantee themselves. For financial institutions, this loan is risky. Once there is a problem in the operation of the enterprise, it will make the loan unrecoverable.
Generally speaking, it is unlikely that employee loans will be guaranteed by the company, and there is no need for the company to take responsibility for employee loans.
When the company expanded, the boss asked me to give him a loan, and he was my guarantor. Should I agree?
Haha, there is such a cunning boss! The answer is never to say yes. I have met many such bosses and awarded many such employees. This kind of loan really hurts employees.
The boss asked you to give him a loan, but you can't borrow any more!
Why doesn't the boss borrow money himself? Is his credit worse than yours as a boss? Isn't he afraid of being swallowed by you? You know something is wrong when you think about it. Then why did he ask you for a loan instead of going to the bank himself? There is only one answer, that is, he borrowed a lot of money, which has reached the upper limit, and now the bank has stopped lending him money.
In other words, as a bank with perfect risk control mechanism, it is afraid to give him a loan. He asks you for a loan. You don't have any risk control ability. Isn't it a meat bun to lend him a loan?
It's no use the boss giving you a guarantee.
According to the above analysis, since the boss has borrowed a lot of money, his repayment ability is very poor, otherwise he won't ask you for a loan, not a bank loan. He can't give you a guarantee. The so-called guarantee is just a scam. To be a qualified guarantor, the first condition is that he has good credit, and the premise of good credit is that he has a lot of responsible property, which is enough to pay off when debts occur. Your boss obviously doesn't meet the requirements of a guarantor with good credit. Caution is advised.
If you promise the boss a loan, your fate is sealed.
If you are not a shareholder, the expansion of the company has nothing to do with you, so if you lend money to the boss, he will not have your share in the development. But you are at great risk. Even if he promises you high interest, remember that the principal has promised high interest, that is, draw water with a sieve. This is a business with no profit and only risks. If your boss can't pay you back, you can only pay the bank back. As an employee, what did you get back? Your own house? Deposit? Cars?
As you can imagine, you are likely to be burdened with a huge debt, which you will never be able to pay off, and eventually you will be separated from your wife.
So much for the introduction of employee loan companies as guarantees.