Personal loans cannot be re-guaranteed by guarantee companies.
After the guarantee contract provided by our company is confirmed to be invalid, although our company is exempted from joint liability, it does not mean that our company does not bear any civil liability. Paragraph 2 of Article 388 of China's Civil Code stipulates: "If the debtor, guarantor and creditor are at fault after the suretyship contract is confirmed invalid, they shall bear corresponding civil liabilities.
According to the relevant provisions of the General Principles of the Civil Law, the judicial interpretation stipulates that after the directors and managers violate the provisions of Article 60 of the Company Law and provide guarantees for the shareholders of the company with company property or other personal debts are deemed invalid, the debtor and the guarantor shall be jointly and severally liable to the creditors, except what the creditors know or should know.
1. Personal loan, also known as retail loan business, has become an important loan business after decades of development. Personal loans refer to local currency and loans issued by banks or other financial institutions to natural persons who meet the loan conditions for personal consumption, production and operation. When a lender issues a personal housing loan, the borrower must provide a guarantee. If the borrower fails to repay the principal and interest of the loan at maturity, the lender has the right to dispose of its mortgaged or pledged property according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.
2. After World War II, personal loans ("personal loans"), also known as retail loans, appeared in western countries. After decades of development, it has become an important loan business.
The main reasons for the rapid development of western retail loans after the war are: first, the competition among financial institutions is becoming increasingly fierce, and the importance of retail business has been recognized; Third, a large number of different credit reporting agencies have emerged, enabling banks to know the credit status of borrowers conveniently and quickly.
3. China's personal loan is piloted in Shenzhen, hoping that China's financial industry will develop in a multi-channel, multi-directional and diversified way. Non-bank professional financial institutions have also appeared in Beijing. They provide professional personal micro-credit services, which is the first in the industry. Their wealth management products are constantly improving, and the interest rate is similar to that of banks that can provide credit loans.
The background of the emergence and development of personal loans in China: the personal income of residents has increased substantially, and the savings of residents have increased rapidly; Revolutionary changes have taken place in residents' consumption structure and lifestyle; The government has a positive attitude towards personal loans; Personal loans with high risks and high returns are quite attractive to banks.
Can I promise again?
If you have given others a loan as a guarantor, you can guarantee it again if you have enough repayment ability during the guarantee period; If the guarantee period has passed, the first guarantee has no effect on the second guarantee, and only the repayment ability is sufficient can it be guaranteed.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 420 Where the debtor or a third party provides the secured property for the continuous creditor's rights in order to perform the guaranteed debt within a certain period of time, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee has the right to be paid in priority for the secured property within the maximum amount of creditor's rights. The creditor's rights before the establishment of the maximum mortgage may be transferred to the creditor's rights secured by the maximum mortgage with the consent of the parties.
Article 690 A guarantor and a creditor may enter into a maximum guarantee contract through consultation, stipulating that the creditor's rights occurring continuously within a certain period of time shall be guaranteed within the maximum amount of creditor's rights.
I already have a bank loan. Can I be the guarantor of someone else's bank loan?
If you already have a bank loan. Whether you can be someone else's guarantor or not depends on yourself. If your own repayment ability is really strong, the bank thinks so. Then you continue to promise, no problem. If the bank's repayment ability is limited, then your guarantee ability will stop here.
Can the loan be re-secured? Let's stop here.