As an independent enterprise legal person, the company can certainly handle mortgage loans. Corporate mortgage refers to the way that a company, as a borrower, obtains bank loans with all its real estate as collateral. Handling mortgage loans generally requires the following documents:
1, business license, tax registration certificate and other documents.
2. The loan card issued by China People's Bank has a good social credit record.
3. Appropriate turnover of the company. Specific document requirements, but also according to the mortgage requirements of banks.
: mortgage loan method
First of all, you should determine the purpose and amount of your loan, and you will be better prepared after you know the loan demand.
Determine your own collateral. When handling enterprise loans, the items that can be used as collateral generally include: land/real estate/enterprise production equipment/bonds, stocks and other pledges/enterprise liquidity, etc. Different collateral, different banks will have different corporate loan products, of course, their requirements, quotas, interest and so on will not be the same. You need to choose a loan product that meets your needs according to the situation.
Determining whether their qualifications meet the requirements of these loan products mainly depends on three aspects: people, collateral and companies.
Needless to say, people's requirements are definitely better, overdue/debt/running water/income are partly related, and some defects are acceptable. Collateral needs to meet the requirements of loan products. At present, the mainstream collateral is real estate, but not all real estate can be done. Some banks and old residential buildings do not accept it. Companies can be divided into new accounts/half-year accounts/households with more than one year, some of which can be opened as long as they reach the fixed number of years, and some have requirements for business scope and operating conditions.
But basically, the requirements of all loan products will be very specific, and it is easy to judge whether they meet these requirements. Customers are advised to apply for loan products that meet their own requirements. If some unimportant items do not meet (such as the number of credit inquiries, etc. ), they can also try to apply.
Finally, it is the general enterprise loan process of application, evaluation, account release, face-to-face signing, approval, mortgage, lending, repayment, settlement and mortgage cancellation. These are all things that customers are expected to do before applying, so as to improve the success rate of loans and avoid wasting their time and energy and delaying their own enterprises.
Mortgage personal real estate loans in the name of the company
The interest rates of loans in the name of companies and personal mortgage loans are relatively not very different. It can be regarded as a consumer mortgage loan. If the loan is made in the name of a company for new investment, production or development, perhaps the interest rate given by the bank will be lower.
Personal housing mortgage loan refers to a loan in which the borrower takes the purchased house and other property with ownership as mortgage or pledge, or a third party provides guarantee for the loan and assumes joint liability. In fact, the interest rate of mortgage loans through personal property is similar, mainly depending on how much you want to borrow. Generally, you can borrow more through personal property mortgage, or you can go to the bank to give it a try.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.
Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it is not exercised, people will not be protected.
A friend wants to get a loan in the name of my own company, and mortgage his own property to get a loan. What are the risks to me? Is there any way to get rid of it?
A friend wants to get a loan in the name of your company, and mortgage his own property to get a loan. If your friend fails to repay, you need to bear the responsibility of repayment, and there is no exemption.
I. Mortgage loan, also known as "mortgage loan"
Refers to a loan method adopted by some national banks. The borrower is required to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan at maturity. Collateral is generally easy to preserve, wear and tear and sell, such as securities, bills, stocks, real estate and so on. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money after paying off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
Two. Measures for the administration of mortgage loans
In order to better support the development of agriculture, countryside and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. In order to safeguard the legitimate rights and interests of both borrowers and lenders, these measures are formulated in accordance with the relevant provisions of the state.
Article 1: Mortgage loan is a loan method in which the borrower is willing to use his or a third party's property as a guarantee when borrowing from the company. When the borrower fails to repay the loan principal and interest at maturity, the Company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
Article 2 Mortgage loans shall be handled in accordance with relevant state regulations, and mortgage loan contracts shall be signed on the basis of equal consultation.
Article 3: Scope of collateral: fixed assets (such as houses and other above-ground buildings, vehicles, machinery and equipment, etc.) with legal requirements and use value; Materials or property that can be circulated or transferred.
If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;
If a house with land use years is mortgaged, the mortgage period shall not exceed the remaining years after the used years minus the used years stipulated in the land use right transfer contract. Where a house is mortgaged, the right to use the state-owned land within the occupied area of the house shall be mortgaged at the same time.
Can I get a loan with the company's business license as collateral?
Legal analysis: Yes.
1. Submit a business license loan application to the bank and consult the loan related matters;
2. Submit business license loan process related information, such as business license certificate, self-employed individuals applying for loans, should provide the bank's operating flow for nearly six months, and enterprises applying for loans, should provide the operating flow certificate and corporate financial statements for nearly one year. And the borrower's credit report.
3. Wait for the approval of the bank. If approved, both parties will sign a loan contract. Apply for mortgage loans, mortgage registration procedures.
4. The bank issues loans to designated accounts.
Legal basis: Article 17 of the General Principles of Loans: The borrower shall be an enterprise (institution) legal person, other economic organizations, individual industrial and commercial households or a natural person of China nationality with full capacity for civil conduct approved and registered by the administrative department for industry and commerce (or the competent authority). The borrower shall meet the following basic conditions when applying for a loan: the products are marketable, the production and operation are profitable, the credit funds have not been misappropriated, and the credit is strictly observed:
(a) has the ability to repay the principal and interest of the loan on schedule, and the original loan interest payable and the loan due have been paid off; If there is no repayment, a repayment plan approved by the lender has been made.
Two, except for natural persons and institutions that do not need the approval and registration of the industrial and commercial departments, the annual inspection procedures shall be handled by the industrial and commercial departments.
3. basic deposit account or general deposit account has been opened.
Four, except for limited liability companies and joint stock limited companies stipulated by the State Council, the accumulated amount of overseas equity investment shall not exceed 50% of its total net assets.
Verb (abbreviation of verb) The borrower's asset-liability ratio meets the requirements of the lender.
Six, to apply for medium and long-term loans, the proportion of new project owners' equity in the total investment required by the project is not less than the proportion of investment project capital stipulated by the state.
How to borrow a company mortgage loan?
Companies can mortgage loans.
The enterprise mortgage loan shall meet the following conditions:
1. Have business license, tax registration certificate, code certificate, etc. ;
2. Have a loan card issued by the People's Bank of China, and have no bad credit record;
3. The company has been registered and operated for more than one year, and its annual turnover in the latest year is more than three times the loan amount.
The characteristics of enterprise mortgage loan are:
1. The business premises used for mortgage must be a loan owned by the borrower, located in a bustling business district, and used for external rental, and the rent collected is paid as the repayment source;
2. The loan can be used for legal and compliant capital requirements within the company's business scope, including but not limited to bond swap funds and funds exceeding the prescribed proportion of project capital;
3. The value of mortgaged property must be evaluated by a real estate appraisal company with the qualification of real estate appraisal institutions above Grade II in the Measures for the Administration of Real Estate Appraisal Institutions promulgated by the Ministry of Construction.
① The borrower applies and submits relevant materials;
② Real estate appraisal, pre-loan investigation and approval;
(3) After approval, go through the mortgage registration formalities;
(4) When granting loans, the borrower shall repay the loan principal and interest on a regular basis as agreed in the contract;
5. Settle the loan principal and interest, and handle the mortgage cancellation procedures of the mortgaged house.
According to Article 209 of the Civil Code: "The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. The ownership of natural resources owned by the state according to law may not be registered. " Therefore, the company set a mortgage on the property and was established at the time of registration.
So much for the introduction of personal company mortgage loan.