Operation process of mortgage counter-guarantee:
(1) If the parties to the contract mortgage the real estate, they shall go through the mortgage registration procedures; (2) For the registration of mortgaged property, the certificate or copy of the master contract, mortgage contract and ownership or use right of mortgaged property shall be provided to the registration department;
(3) The departments that handle mortgage registration are as follows:
(1) If there is no mortgage of the land use right of the fixed things on the ground, the land management department that issued the land use right certificate; (2) Departments designated by local governments at or above the county level that mortgage buildings such as urban real estate or factory buildings of township (town) and village enterprises; (three) the forest mortgaged by the competent forestry authorities at or above the county level; (4) The registration department that takes airplanes, ships and vehicles as the means of transport;
(5) where the property is located, the administrative department for industry and commerce mortgages the equipment and other movable property of the enterprise; ⑥ If other properties other than the above-mentioned properties are mortgaged, the parties to the contract may notarize the mortgage contract with the notary department where the mortgagor is located. (4) Counter-guarantee mortgage rate: the real estate mortgage rate (calculated by net value) is not higher than a certain value (such as 60%); The mortgage rate of transferable movable property (calculated by net value) is not higher than a certain value (such as 50%).
Second, how to write the counter-guarantee agreement
How to write a counter-guarantee contract? Borrower: (hereinafter referred to as Party A) Guarantor: (hereinafter referred to as Party B) Counter Guarantor: (hereinafter referred to as Party C) Due to financing needs, Party A applies to Party B to provide guarantee for its bank loan, with the loan amount of RMB yuan and the term of RMB yuan. In order to ensure safety, Party C, as the counter-guarantor of Party A at the request of Party A, assumes joint and several liabilities for Party B, and now Party C voluntarily provides its own property to Party B.. In order to clarify the rights and obligations of both parties, Party A, Party B and Party C hereby enter into this contract through consultation for mutual compliance and performance. I. Form of Counter-guarantee provided by Party C Party C takes all its own assets as the counter-guarantee provided by Party B for Party A, and assumes joint and several liability for guarantee. Two. The scope of counter-guarantee is 1. The loan principal, interest, overdue interest, default interest, liquidated damages, compensation and all related expenses for realizing creditor's rights returned by Party B to the bank on behalf of Party A. 2. Party A shall pay Party B the interest and liquidated damages of compensation funds (the monthly interest shall be calculated at 2% of the compensation amount, and the liquidated damages shall be calculated at 1‰ of the total guarantee amount every day, and the calculation period shall be from the date of compensation by Party B to the date of repayment obligation by Party A). 3. The expenses incurred by Party B to realize the right of recourse against Party A and the priority of compensation for collateral include but are not limited to attorney's fees, legal fees and other related expenses. 3. The security right set in this contract coexists with the creditor's rights it guarantees, and the creditor's rights are eliminated, and the guarantee liability is eliminated. If Party A fails to fulfill the obligation to repay the loan principal and interest and the corresponding expenses on time, Party B may directly claim compensation from Party C. For the matters not covered in this contract, supplementary terms can be concluded through negotiation between Party A, Party B and Party C.. Any dispute between Party A, Party B and Party C during the performance of this contract shall be settled through negotiation. If negotiation fails, it shall be settled as follows: 1. Submit to the Arbitration Commission for arbitration. 2. Bring a lawsuit to the people's court where Party B is located according to law. 5. Party B has reminded Party A and Party C to have a comprehensive and accurate understanding of the terms of this contract, and explained the terms accordingly at the request of Party A and Party C, and all parties to the contract have the same understanding of this contract. 6. This contract is made in triplicate, which shall come into effect after being signed by three parties, and each party holds one copy, with the same legal effect. Party A, Party B and Party C: Representative: Representative: Representative: Date: Date:
Third, how to write the counter-guarantee agreement in China?
I believe that many people will be particularly surprised when they see counter-guarantee for the first time, because in general contracts, there is a guarantee relationship, and even here, some people will sign the so-called counter-guarantee agreement. In fact, counter-guarantee is of great significance to guarantee the third party's right of recourse and to confirm the responsibilities of all parties in the debt-creditor relationship.
How to write the counter-guarantee agreement in China?
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
B _ _ _ _ _ _ _ _ _ _ _ Company
Address: _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
WHEREAS: Party A is a joint stock limited company, and Party B is a private enterprise, and Party A and Party B signed a RMB guaranteed loan contract with _ _ _ _ _ _ _ (hereinafter referred to as "Party A's Bank") on _ _ _ _. According to the contract, both parties should provide loan guarantee to Party A. When Party B reaches the repayment deadline, Party A has the right to directly ask the guarantor, namely Party A, to pay off the debt. After assuming the above-mentioned guarantee responsibilities, Party A obtains the subrogation right and can recover the above-mentioned debts from Party B. In order to ensure the realization of the above-mentioned subrogation right, Party A hereby requests Party B to provide it with.
Through friendly negotiation, Party A and Party B reached an agreement on the above-mentioned counter-guarantee related matters and signed the contract as follows:
The first burden
Party B shall pay the loan principal and interest, liquidated damages, damages, penalty interest and creditor's rights agreed in the debt currency secured loan contract guaranteed by this contract.
Article 2 guarantee
Party B provides guarantee according to this contract.
Article 3 Time limit for debt performance
Party B shall, within _ _ _ days after Party A performs the guarantee responsibility to Party A according to the above-mentioned RMB guaranteed loan contract, repay the money for Party A to perform the above-mentioned guarantee.
Article 4 Mortgaged property
Providing mortgage (omitted)
Article 5 Guarantee
Guarantee:
1. According to the Guarantee Law, Party B's ownership and right to use the mortgaged property are legal and valid;
2. Except for the above mortgage, Party B has not set any form of guarantee for any debt;
3. The above documents, statements and statements of Party B are true and complete.
Article 6 Scope of Guarantee
The scope of mortgage guarantee provided by Party B to Party A includes the principal, interest (including compound interest), penalty interest, liquidated damages, damages and expenses for realizing creditor's rights when Party A performs the above-mentioned RMB-guaranteed loan contract.
Article 7 mortgage registration
Party B is responsible for handling the mortgage registration under this contract with the relevant departments; If the Contract cannot come into effect due to Party B's failure to register the mortgage in time and effectively, Party B shall bear the responsibilities.
Article 8 Rights and obligations of Party A
1. As a creditor and mortgagee, Party A enjoys the following rights.
(1) Exercise the subrogation right to Party B after Party A has fulfilled the above RMB guarantee obligations;
(2) If Party A fails to pay off the debts under this Contract at the expiration of the performance period, Party A may exercise the mortgage right to Party B, that is, negotiate with Party B to discount the mortgaged property or pay by auction or sale; If the agreement fails, Party A may apply;
(3) If the mortgage right under this Contract is extinguished due to the loss of the above collateral, Party A has the right to use the mortgage right granted by Party B;
(4) If Party B fails to perform its debts and the collateral is seized by the people upon the expiration of the performance period under this Contract, Party A has the right to collect the natural fruits and legal fruits separated from the collateral from the date of seizure;
(5) Party A has the right to investigate and understand the actual situation and use of the mortgaged property under this contract, and require Party B to provide relevant documents, statements and make relevant statements;
(6) Party A has the right to refuse Party B to provide any form of guarantee for any debts other than those under this contract as collateral under this contract; During the mortgage period, Party A has the right to refuse Party B to transfer the collateral under this contract;
(7) When Party B transfers the mortgaged property with the consent of Party A, if the price of the transferred mortgaged property is obviously lower than its value, Party A has the right to require Party B to provide corresponding guarantee or ask Party B to pay off the debt in advance with the proceeds from the transfer of the mortgaged property;
(8) If Party A finds that Party B's behavior is enough to reduce the value of the collateral under this contract, Party A has the right to ask Party B to stop the above behavior; When the value of the collateral decreases, Party A has the right to request Party B to restore the value of the collateral or provide a guarantee equivalent to the decreased value of the collateral;
(9) Party A has the right to transfer the creditor's rights under this contract without the consent of Party B, but it shall notify Party B according to law.
2. As a creditor and mortgagee, Party A shall perform the following obligations:
(1) When Party B performs the repayment obligation according to this contract, Party A shall accept Party B to perform the above debts according to this contract;
(2) After Party B performs the repayment obligation, Party A shall not exercise the mortgage right to Party B;
(3) Party A shall exercise the mortgage right to Party B in accordance with the provisions of this Contract, and the part of the mortgaged property that is discounted or the price after auction or sale exceeds the amount of creditor's rights shall be returned to Party B;
(4) Party A shall strictly keep Party B's business secrets known during Party B's investigation under this contract;
(5) Party A shall not transfer the collateral separately from the creditor's rights hereunder or use it as a guarantee for other creditor's rights.
Article 9 Rights and obligations of Party B
1. As a debtor and mortgagor, Party B enjoys the following rights:
(1) After Party A exercises the mortgage right according to this contract, Party B has the right to demand the return of the price beyond the creditor's rights after the mortgaged property is discounted, auctioned or sold;
(2) Party B may transfer the collateral after obtaining the consent of Party A and notifying the transferee;
2. As the debtor and mortgagor, Party B shall undertake the following obligations:
(1) Party B guarantees that its ownership and right to use the mortgaged property provided by it are legal and effective, and the mortgaged property provided by it does not contain collateral prohibited by the Guarantee Law;
(2) Without the consent of Party A, Party B shall not set up any form of guarantee for any debts other than those under this contract as collateral under this contract;
(3) Without Party A's consent or notification to the transferee, Party B shall not transfer the mortgaged property under this contract;
(4) If Party B's behavior is enough to reduce the value of the collateral under this contract, Party B shall immediately stop the above behavior; When the value of collateral decreases, Party B shall promptly notify Party A, and restore the value of collateral according to Party A's requirements, or provide a guarantee equivalent to the decrease of collateral value;
(5) Party B shall not obstruct Party A from conducting a bona fide investigation and understanding of the actual situation and use of Party B's mortgaged property according to the stipulations of this Contract for any reason, and all expenses incurred by Party A due to Party B's obstruction shall be borne by Party B;
(6) Party B shall handle relevant registration formalities in time according to this contract.
Article 10 Liability for breach of contract
When one of the following circumstances occurs, Party B constitutes a breach of contract:
1. When the debt under this contract expires, Party B fails to fulfill the repayment obligation as agreed in this contract;
2. Party B fails to perform or comply with any obligation or regulation in this contract;
3. Any documents, statements and statements related to the mortgaged property submitted by Party B to Party A are proved to be untrue, inaccurate, incomplete or intentionally misleading in any aspect that Party A considers important;
4. Party B terminates the repayment of its due debts, and fails or indicates that it cannot repay its due debts;
5. Due to the fault of Party B, this mortgage contract is invalid, cancelled, terminated or unenforceable.
After the above-mentioned breach of contract occurs, Party A has the right to terminate this contract and require Party B to perform its obligations under this contract immediately; In addition to performing the debts as agreed in this Contract, Party B shall pay Party A a liquidated damages equivalent to _ _% of the above-mentioned debts every day from the date when Party A performs the guarantee obligations according to the above-mentioned RMB secured loan contract; If losses are caused to Party A, Party A shall compensate for the losses.
Where Party A violates this Contract, it shall continue to perform its obligations under this Contract and pay the other party a penalty equivalent to% of the amount of the subject matter of the debt under this Contract; If losses are caused to the other party, it shall compensate for the losses.
Article 11 Effectiveness
This contract shall come into effect as of the date of signature and seal by both parties; The invalidity or invalidation of the above-mentioned RMB secured loan contract does not affect the validity of this contract, and the mortgage under this contract extends to the legal liability of Party B after the invalidity or invalidation of the above-mentioned RMB secured loan contract; All obligations of Party B under this Contract are continuously and completely binding on its recipients, transferees and targets after merger, reorganization and renaming; If some clauses or parts of some clauses in this contract are invalid now or in the future, such invalid clauses or parts shall not affect the validity of this contract and other clauses in this contract or other contents of these clauses.
Article 12 Other matters
1. Matters not covered in this contract shall be settled by both parties through consultation.
2. This contract is made in duplicate, one for each party, with the same legal effect.
Party A: (Seal) _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (Seal) _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In the counter-guarantee agreement, there should also be the form of guarantee, the mortgaged property and time limit, and some rights and obligations that each party should bear during this period. Of course, the specific terms in the guarantee agreement can only be determined according to the actual matters of cooperation between the two parties, and the terms that should be included can be drawn up with reference to this model text.
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4. How to write the counter-guarantee agreement?
The counter-guarantee contract is also a guarantee in essence, so it is written as follows: 1. The counter-guarantee contract shall clearly state whether the form of guarantee is guarantee, mortgage or pledge; 2, clear the responsibility of the guarantor; 3. Clearly stipulate the time limit for debt performance, that is, the time limit for the counter-guarantor to repay the debt to the guarantor; 4. The scope of counter-guarantee. To establish a security interest in accordance with Article 388 of the Civil Code, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.