What are the specific conditions of the loan guarantor?
The qualifications of a bank loan guarantor include but are not limited to the following:
A natural person with full capacity for civil conduct, aged from 18 to 65 (inclusive);
Having legal and valid identification (resident ID card, household register or other valid identification) and proof of marital status;
Have a good credit record and willingness to repay;
Have a stable source of income and the ability to repay the loan principal and interest in full and on time;
It has nothing to do with the loan case;
The enjoyment of political rights and personal freedom is unrestricted;
There are permanent residence and permanent residence in the local area.
Transferred from pleasant loan question and answer network.
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 person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf.
Special provisions on the qualification of guarantor
Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor, and then requests to be exempted from the guarantee responsibility because he does not have compensation ability, the people will not support it.
According to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.
Can be used as a guarantor, including: sole proprietorship enterprises and partnership enterprises registered to obtain business licenses according to law; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.
If a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.
Institutions and social organizations aiming at public welfare shall not act as guarantors. If the institutions and social organizations engaged in business activities are guarantors, and there are no other circumstances that lead to the invalidity of the guarantee contract, the guarantee contract signed by them shall be deemed as valid.
In the process of accepting loans from foreign countries or international economic organizations, with the approval of the State Council, state organs may act as guarantors. In other cases, it is not allowed to be a guarantor.
Bond obligation
"Guarantee Law" stipulates that
Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
Article 22 During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 23 During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.
Article 24 Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 25 If the guarantor of a general guarantee and the creditor have not agreed on a guarantee period, the guarantee period shall be six months from the date when the performance period of the principal debt expires. If the creditor fails to bring a lawsuit against the debtor or apply for arbitration during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
Article 26 If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.
Article 27 A guarantor shall provide a guarantee for continuous creditor's rights in accordance with the provisions of Article 14 of this Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.
Article 28 If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the things. If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.
Article 29 If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization shall be invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.
Article 30 A guarantor shall not bear civil liability under any of the following circumstances: (1) The parties to the main contract collude to defraud the guarantor of providing a guarantee; (two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.
Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.
Article 32 After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare his creditor's rights, the guarantor may participate in the distribution of bankrupt property and exercise the right of recourse first.
Transferred from "Guarantor _360 Encyclopedia"
Guarantor conditions for interest-free loans
Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. "
So the conditions of the loan guarantor should be:
Must meet the statutory conditions, have the economic strength to repay loans, and bear joint and several liability for debt repayment.
What conditions should a loan guarantor have?
Main terms of general banks: only mortgage can be used for loans, and the sum of loan amount and interest during the loan period cannot exceed1/2 of the assessed value of collateral; 2. Have a long-term and stable income source, enough to pay the monthly loan principal and interest; 3. Guarantor; 4. Information required for personal loan: ID card, household registration book, proof of marital status, income certificate, real estate license, ID card, household registration book, proof of marital status and other relevant information required by the bank. You also need to pay the lawyer's witness fee, mortgage registration fee, mortgage property insurance fee and property evaluation fee. It usually takes about 1 month to get a loan. Process: 1. Apply for a loan from the bank. 2. After the acceptance of the bank, evaluate the value of the mortgaged property, and verify the loan amount according to the evaluation value. 3. Sign a loan contract, etc. ; 4. Apply for real estate mortgage registration; 5. Bank loans
What are the conditions for a credit cooperative loan guarantor?
The moon represents my heart, and sincere friendship will never be forgotten; Let everything bring you sweet feelings and endless happiness; Every extraordinary blessing is sent to your heart, and I deeply bless you whenever and wherever.
What are the requirements for the guarantor of housing provident fund loan?
Basic conditions: 1, the guarantor's work income is stable, such as civil servants, doctors, teachers, etc. ;
2. There is no bad credit record in the bank;
Please consult the Housing Provident Fund Center for details.
Hu 'nan Tian Ming guarantee company
What are the requirements of Ningbo loan guarantor?
For personal guarantee, the following information shall be provided:
Original and photocopy of ID card, household registration book and marriage certificate of both husband and wife;
Occupation, income certificate and family property status information of husband and wife (work certificate, bank account, property right certificate, vehicle driving license, etc.). );
Proof of fixed place (real estate license and water, electricity, gas and other documents in the last three months);
Personal bank credit information inquiry system;
Notarization.
For enterprise guarantee, the following information shall be provided:
Original and photocopy of business license, original and photocopy of tax registration certificate (national tax and local tax), organization code certificate, articles of association, ID card of legal representative of the enterprise, loan card (annual inspection) and credit certificate;
Shareholders' consent;
Financial statements: financial statements at the end of last year and the last three months (with audit reports). Including balance sheet, income statement, cash flow statement and bank statement (with bank seal);
Special industries need to provide EIA data (EIA report, pollutant discharge permit).
Guarantor conditions for small interest-free loans
The guarantor of small interest-free loans requires a legal and effective source of income and guarantor qualification.
Rights as a client
Firstly, determine the subject of the guarantor: a legal person, other organization or citizen who has the ability to pay off debts on his behalf. Then, there are three situations in which you cannot be a guarantor.
According to the provisions of the Guarantee Law, a guarantee contract shall be in written form. Put forward my own views on "written form"
Firstly, the differences and relations between general guarantee and joint liability guarantee are analyzed. Combined with the trial practice, this paper analyzes the suggestions of the guarantor's right to plead first.
warranty period
As the time limit for the guarantor to assume the guarantee responsibility, this paper analyzes the reasons and countermeasures for some financial institution staff to misunderstand the concept of guarantee period. The difference between fixed guarantee fee period and uncertain guarantee responsibility period is also analyzed.
What are the conditions of the loan guarantor and what kind of legal responsibilities do you have?
I. Conditions of loan guarantor (1) The guarantor shall meet the following conditions: 1, which is 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. (2) Special provisions on the qualification of guarantor 1. Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor, and then requests to be exempted from the guarantee responsibility because he does not have compensation ability, the people will not support it. 2. According to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households. 3. Guarantors include: sole proprietorship enterprises and partnership enterprises registered to obtain business licenses according to law; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses. 4. If the branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid. 5. Institutions and social organizations aiming at public welfare shall not act as guarantors. If an institution or social organization engaged in business activities acts as a guarantor, the guarantee contract signed by it shall be deemed as valid if there are no other circumstances that lead to the invalidity of the guarantee contract. 6, the state organs in the process of accepting loans from foreign countries or international economic organizations, approved by the the State Council can be used as a guarantor. In other cases, it is not allowed to be a guarantor. The legal liability of the loan guarantor has different responsibilities according to different ways: if the parties agree in the guarantee contract that the guarantor will bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee. If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. 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. If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee. The guarantor of a general guarantee may refuse to undertake 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. Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph: 1. The debtor's domicile has changed, and it is difficult for the creditor to ask him to perform his debts; 2. The people's court accepts the debtor's bankruptcy case and suspends the execution of the procedure; 3. The guarantor waives the rights stipulated in the preceding paragraph in writing. It is not difficult to see from the above that no matter what form of guarantee, once the guarantor, that is, the debtor, has economic problems, the guarantor will bear the risk of repaying the debt for the guarantor. Don't think that having a debtor makes you feel safe. The debtor is not necessarily liable. If you are a joint guarantor, the bank does not have to choose to collect debts from the debtor. Lenders have the right to choose to collect debts from debtors or you.
Is the guarantor made by the loan company effective?
Effective, the guarantor in the external guarantee can be a Chinese-funded financial institution or a non-financial enterprise legal person. As a legal person, a company can act as a guarantor in general, but it needs to be approved by the board of directors or the shareholders' meeting of the company, and it needs to bear the guarantee responsibility during the guarantee period. A guarantor is a guarantor. The Guarantee Law stipulates that the third party and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform the debt or bear the responsibility according to the agreement. 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 both creditors of the principal debt. Here-performing the debt or taking responsibility according to the agreement-is called guarantee debt, and some people call it guarantee responsibility.
Legal basis: Article 16 of the Company Law
Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it 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.
What is the responsibility of the loan guarantor?
The legal liability of the guarantor can be divided into joint and several liability and general liability. Where the debtor undertakes joint and several liability, the debtor who undertakes joint and several liability shall be liable for all debts agreed in the main contract. And the general guarantor, only when the debtor can't perform the debt, the guarantor assumes the guarantee responsibility, and assumes the guarantee responsibility within the scope of guarantee.
A loan guarantor refers to a legal person, other organization or citizen who has the ability to pay off debts on behalf of the guarantor and creditors and can act as a guarantor. Schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not be used as guarantors. Branches and functional departments of an enterprise as a legal person shall not act as guarantors. No unit or individual may force banks and other financial institutions or enterprises to provide guarantees for others; Banks and other financial institutions or enterprises have the right to refuse to force them to provide guarantees for others.
According to Article 178 of the Civil Law of People's Republic of China (PRC), if two or more persons are jointly and severally liable according to law, the creditor has the right to request some or all of the jointly and severally liable persons to bear the liability. The share of responsibility of the jointly and severally liable persons shall be determined according to their respective responsibilities; It is difficult to determine the size of the responsibility and share the responsibility equally. Joint and several persons who actually bear more than their own share of the responsibility have the right to recover from other joint and several persons. Joint liability is stipulated by law or agreed by the parties.
Does the company need a guarantor for loan?
Hello, the company loan does not need a guarantor, but a guarantee company. Without a guarantee company, the bank will not lend you money.
What responsibilities do corporate loan guarantors need to bear?
Its responsibility is that when the debtor can't pay off the due debt, the guarantor should bear the responsibility, that is, pay off the due debt. When the guarantee is a general guarantee, the guarantor has the right of defense, that is, the guarantor has the right to refuse the creditor's repayment request before the creditor applies to enforce the debtor's property or fails to enforce the security interest. Co-guarantors have no such right. Article 693 of the Civil Law of People's Republic of China (PRC): If the creditor of general guarantee fails to file a lawsuit or apply for arbitration with the debtor during the guarantee period, the guarantor will no longer be liable for the guarantee. If the creditor of joint and several liability guarantee fails to ask the guarantor to bear the guarantee responsibility during the guarantee period, the guarantor will no longer bear the guarantee responsibility.
Can shareholders of a limited company become guarantors of corporate loans?
As natural persons, the shareholders of the company can provide guarantee for the debts of the company. If the company provides external guarantee, it needs to look at the provisions in the articles of association. If it is not prohibited by the articles of association, the company may provide external guarantee after voting at the shareholders' meeting.
This is the end of the introduction about the corporate loan guarantor and whether the corporate loan guarantor will affect the credit information. I wonder if you found the information you need from it?