2. "Guarantee Law" Article 6 The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
Article 18 If the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
4. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
To borrow money from a bank, you need to meet the loan conditions and sign a loan contract.
1. Conditions for banks to apply for loan business:
2./kloc-natural person aged 0/8 to 65;
3. The borrower's actual age plus the loan application period shall not exceed 70 years old;
4. Have a stable occupation, stable income and the ability to repay the principal and interest of the loan on schedule;
5. Good credit information, no bad records, and legal use of the loan;
6. Other conditions stipulated by the bank.
7. Companies can lend money to individuals. The Company Law stipulates that directors and senior managers of a company shall not lend the company's funds to others in violation of the articles of association or without the consent of the shareholders' meeting or general meeting. Therefore, the company's funds can be lent to others if they meet the provisions of the company's articles of association or are approved by the shareholders' meeting or general meeting.
8. Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases defines private lending tried by the court, and makes it clear that private lending includes financial intermediation among natural persons, legal persons and other organizations.
At the same time, the Supreme People's Court also stipulated in "Several Opinions on People's Courts Handling Loan Cases": "The interest rate of private lending can be higher than that of banks, but the maximum shall not exceed four times that of similar loans of banks; Interest within 4 times is protected by law, and the excess is not protected by law. "