How does the guarantee company guarantee?

Legal analysis: Guarantee by a guarantee company means that when an individual or enterprise borrows money from a bank, the bank does not lend money directly to the individual in order to reduce the risk, but requires the borrower to find a third party (guarantee company or qualified individual) to guarantee.

According to the requirements of the bank, the guarantee company will require the borrower to issue relevant qualification certificates for review, and then submit the audited materials to the bank, which will lend money after review, and the guarantee company will charge corresponding service fees.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 388 To establish a security interest, 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. Note: The Civil Code came into effect on 20211.