5 1 The expert team of the Fund Project Network will explain to you: 1 There is no restriction on the form of asset ownership or asset portfolio structure, but it must be registered in the administrative department for industry and commerce and have legal person status. 2, business projects in line with national industrial policies, assets and liabilities in the local average level of small and medium-sized enterprises and below, with the provisions of the paid-in capital ratio. 3, continuous operation for more than one year, legal operation, no bad credit records and major civil economic records, and set up an account in a commercial bank. 4, within the definition of small and medium-sized enterprises, in line with the relevant national policies and regulations need special support for development, can be given priority to obtain the guarantee qualification.
Second, the conditions and provisions of the state-owned enterprise guarantee?
State-owned enterprises can guarantee, the conditions and provisions are as follows:
1. State-owned enterprises can provide external guarantees, and the decision on the guarantee shall be made by the institution that performs the responsibilities of the investor; A wholly state-owned enterprise may also be decided by the person in charge of the enterprise through collective discussion, and a wholly state-owned company shall be decided by the board of directors.
Second, the scope of private enterprises that can be guaranteed.
In principle, state-owned enterprises can only provide guarantees to enterprises with property rights relations, and may not provide guarantees to natural persons, unincorporated units and related parties.
3. State-owned enterprises cannot guarantee? Is there a legal explanation?
According to the provisions of Article 8 of the Guarantee Law, state organs may not act as guarantors; Article 9 It is stipulated that schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not act as guarantors.
At the same time, Article 3 of the Interpretation of the Supreme People on Several Issues Concerning the Application of the Guarantee Law stipulates that if the above-mentioned state organs, institutions and social organizations are not allowed to provide guarantee for the guarantor in violation of the law, the guarantee contract shall be invalid, and if losses are caused to the creditors, they shall bear corresponding civil liabilities according to their faults.
Therefore, according to the relevant provisions of the above-mentioned laws and judicial interpretations, state-owned enterprises can act as guarantors.
Extended data:
Conditions of being a guarantor
A guarantor is a guarantor. According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off debts on their behalf, and the creditors here are all creditors of the principal debt. Here-performing a debt or taking responsibility according to the agreement is called guarantee debt, and some people call it guarantee responsibility.
A guarantor shall have the qualifications prescribed by law, that is, meet the required conditions, including the following contents:
1, irrelevant to this case;
2, enjoy political rights, personal freedom is not restricted;
3. Have permanent residence and permanent residence in the local area;
4. Have the ability to fulfill the guarantee obligations;
5. There is no obvious record of breach of contract. In addition, the guarantor and the creditor shall conclude a guarantee contract in writing.