1. If the lender fails to pay the loan principal and interest on time, the bank directly deducts the loan principal and interest from the deposit account of the guarantee company, and the guarantee company pays it for the lender. This behavior of the lender has caused the banks and guarantee companies to default.
2. After the bank deducts the principal and interest of the secured lender from the security deposit account of the guarantee company, it is the guarantee company that will pursue other liabilities and expenses for breach of contract, and the bank is not responsible for recovery. However, when the guarantee company resumes, the bank must cooperate with the guarantee company.
3. The existence of guarantee companies, the most important point is that banks will not lose money on guaranteed loans, and secondly, the workload of bank staff will be greatly reduced. Most of the pre-loan investigation and post-loan management are undertaken by guarantee companies. There are two forms of guarantee provided by guarantee companies. One is the irrevocable joint and several liability in the whole process, and the other is the phased guarantee.
4. Guarantee companies need to deposit the deposit into the account designated by the bank. The general deposit amount is relatively large, and the deposit guarantee company cannot withdraw it at will. When operating a guarantee company, the guarantee company will not deliberately defraud the loan. The fraudulent loan you mentioned is a non-performing loan caused by the lender cheating the account manager and the approval personnel at all levels of the guarantee company, and this bad responsibility will be borne by the guarantee company.
Second, the relationship between banks, guarantee companies and lenders.
The lender you mentioned should be the borrower. The relationship among the bank, the borrower and the guarantee company is that the bank lends money to the borrower, the income of the borrower is the first repayment source of the bank, the collateral or free guarantee is the second repayment source, and the guarantee company recognized by the bank is the third repayment source. If the borrower fails to repay the bank loan due, the guarantee company will repay it on his behalf, and the creditor bank will automatically transfer it to the guarantee company, but that will not affect your credit record, but generally the guarantee company will delay the bank to report your bad record for a few days. As for the cooperative supervision of guarantee companies and banks, it is more complicated and supervised by several departments.
3. What is the relationship among guarantee companies, banks and lenders?
Relationship among guarantee companies, banks and lenders
First of all, talk about the relationship between banks and lenders. When a lender applies for a loan, the bank requires the lender to provide a guarantee. The guarantee company used is usually the bank's access company, and generally has deposits in the bank. In order to avoid risks, the bank will pay the loan by the guarantee company when the lender is overdue or unable to repay the loan, so that the enterprise will not have bad debts or bad debts.
After the guarantee company repays the loan on behalf of the lender, the lender and the guarantee company form a creditor-debtor relationship, and the lender needs to repay the compensation to the guarantee company, and the guarantee company can directly ask the lender for repayment.
4. What should the guarantor do if the bank violates the rules and the lender fails to repay the loan? Is the bank responsible?
First of all, under what circumstances is the guarantor of bank loans? Is it possible? The conclusion is possible.
Some people may say that as long as you sign the guarantee contract, you will bear the guarantee responsibility under any circumstances. Regarding the guarantee, the guarantor hopes to be exempted from the legal system of guarantee. Is it possible to exempt the guarantee liability under any circumstances as long as the lending bank is at fault?
Only when there is a problem or other illegal behavior, the guarantor can not bear it.
Article 30 of China's guarantee law, witnesses do not bear civil liability;
(a) the parties to the main contract collude with each other;
(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee.
If there is no such situation, or there is, you have no evidence to prove its existence, and you are liable for breach of contract. Therefore, once the guarantee contract is signed and takes effect, it is not easy to get rid of the responsibility.
Secondly, is the bank's illegal loan related to your guarantee responsibility? Related. Just contrary to expectations, you may fulfill your repayment obligations as soon as possible.
There are many kinds of bank loan violations. Since last year, the regulatory authorities have severely punished the bank's violations, which are all violations. It can be said that irregularities in banking business have become the norm or irregularities identified by business institutions are not uncommon.
So, what kind of behavior is it for banks to issue loans in violation of regulations? It has nothing to do with your guarantee responsibility or the validity of the guarantee contract. Therefore, as soon as possible, the regulatory authorities decided that so many loan businesses violated regulations, but all of them were invalid contracts, that is, the regulatory authorities declared the loan business invalid due to violations, and the guarantee contract could not be invalid naturally.
Similarly, illegal business may be even worse for you. Because the regulatory authorities find it illegal, the lending bank must carry out rectification within a certain period of time. The most effective way is to recover the loan in advance. Then the lender can bear the joint liability guarantee, and the bank can claim compensation from the guarantor according to law. So you may have to bear the responsibility of prepayment.