Re-guarantee is the continuation of the guarantee chain relative to the original guarantee. Similar to reinsurance, it is a re-guarantee to make up for the credit enhancement or credit loss of the original guarantor, and also plays a guarantee role in safeguarding and realizing the interests of creditors. Its basic operation mode is that the original guarantor transfers part of the guarantee risk responsibility to the re-guarantor at the expense of paying the re-guarantee fee.
Reinsurance overview editor
Re-guarantee is a special form of guarantee with its unique conditions and practical significance. Re-guarantee is different from * * * simultaneous guarantee, repeated guarantee and counter-guarantee. The main guarantees that can be re-guaranteed are limited to guarantee, mortgage and pledge. There are three ways of re-guarantee: guarantee re-guarantee, mortgage re-guarantee and pledge re-guarantee. The re-guarantor enjoys all the defense rights enjoyed by the main guarantor, and also enjoys the exclusive defense rights of the re-guarantor. After assuming the responsibility of re-guarantee, the re-guarantor has the right to recover from the debtor and the main guarantor.
Re-guarantee is actually an institutional design for the construction of social credit system. It is an exploration and innovation to improve the guarantee system and guard against financial risks by re-guarantee, which can partially transfer the risks borne by guarantee institutions. International experience has proved that the formation of the re-guarantee system can directly and effectively help small and micro enterprise credit guarantee institutions to share risks.
Guarantee refers to the guarantee stipulated in the guarantee law, that is, in economic activities such as lending, buying and selling, goods transportation, processing and contracting, creditors need to guarantee the realization of their creditor's rights by means of guarantee.
Re-guarantee and re-guarantee methods
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Re-guarantee methods mainly include fixed proportion re-guarantee, excess re-guarantee and joint re-guarantee.
The fixed proportion re-guarantee shall be agreed by the guarantor and the re-guarantor. For businesses within a certain guarantee liability limit, the guarantor will re-guarantee all similar guarantee businesses to the re-guarantor according to the agreed same proportion, and the guarantee fee and loss of each business will also be allocated and shared according to the agreed proportion.
Overflow re-guarantee means that the guarantor re-guarantees his guarantee liability exceeding the predetermined limit to the re-guarantor, or both the guarantor and the re-guarantor guarantee the guaranteed person, and the re-guarantor assumes the guarantee liability exceeding the predetermined limit of the guarantor, and the guarantee fees and losses of each business are shared and shared according to the proportion borne by both parties.
Joint re-guarantee refers to a single guarantee business with a large amount or exceeding the guarantee capacity specified by the guarantor. After consultation, the provincial and municipal guarantee institutions can sign a entrustment guarantee agreement with the guarantor and a guarantee contract with the bank, and both parties shall bear corresponding rights and obligations according to their respective responsibilities.
Re-guarantee conditions of re-guarantee
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Re-guarantee, as a special guarantee method, must meet the following conditions:
1, provided that the master is saved in. The establishment of re-guarantee must be based on the premise that the guarantee has been established on the principal creditor's rights, which is the objective condition for the establishment of re-guarantee.
2. The re-guarantor must be someone other than the main guarantor.
3. The establishment of re-guarantee needs to be clearly agreed by the parties.
Re-guarantee institution
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The engineering re-guarantee institution was established with the approval of the engineering guarantee supervision department. In order to provide professional value-added credit enhancement services to professional engineering guarantee companies and improve their market competitiveness and risk resistance, the purpose is to promote the sustainable and healthy development of the whole engineering guarantee system.
When the professional engineering guarantee company reaches the limit of credit amplification, it can apply to the engineering re-guarantee institution for re-guarantee. If the re-guarantee institution meets the re-guarantee conditions, it can obtain the credit amplification of the engineering re-guarantee institution.
Re-guarantee institutions can rate professional engineering guarantee companies, determine the credit, overall risk control level and operating conditions of the corresponding professional engineering guarantee companies, and thus determine the credit magnification.
Engineering re-guarantee institutions can optimize the living environment of professional engineering guarantee companies and guide more professional engineering guarantee companies to standardize their practice; Promote the balanced and coordinated development of the engineering guarantee industry; It laid a foundation for promoting the establishment and improvement of the whole project guarantee system.
Re-guarantee and re-guarantee development
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China's financing guarantee industry came into being in the market-oriented reform. The establishment and development of re-guarantee mechanism is an institutional innovation and an important measure to improve China's financing guarantee system. In recent years, China's re-guarantee institutions are guided by government policies, focusing on diversified re-guarantee products and aiming at improving the overall service capacity of the industry. By exerting important mechanisms such as re-guarantee, credit enhancement, risk compensation, and standardization, the scale of re-guarantee has been steadily increased, and the leverage effect has been continuously enlarged, further enhancing the overall anti-risk ability of the industry and basically forming a nationwide re-guarantee framework system.
Since the establishment of Northeast Re-guarantee Company in 2007, re-guarantee has played an important role in improving the credit guarantee system of SMEs. As the basic link to improve the credit guarantee system for small and medium-sized enterprises and an important system to build a long-term financing support mechanism for small and micro enterprises and agriculture, rural areas and farmers, it has been basically established. According to the Analysis Report on the Development Prospect and Investment Forecast of China Guarantee Industry in 20 16-2020 issued by the Institute of Future Industry of Zhongjing, by the end of 20 14, 24 provinces (cities, districts) had established re-guarantee institutions or defined re-guarantee financing institutions, and there were also 4 provinces (cities, districts) in Jiangxi, Guangxi, Chongqing and Sichuan. [ 1]
Twenty-five re-guarantee institutions with regional and provincial re-guarantee functions (or partial functions) have been established in 24 provinces, including: Beijing, Shanxi, Inner Mongolia, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong, Guizhou, Yunnan, Shaanxi and Ningxia 13 provinces; Nine provinces including Tianjin, Hebei, Heilongjiang, Anhui, Henan, Hubei, Hunan, Gansu and Qinghai. , a financing guarantee institution that has clearly assumed the provincial re-guarantee function (or some functions); Northeast re-guarantee covers three northeastern provinces and Inner Mongolia. [2]
On August 3, 20 15, the State Council issued the Opinions on Accelerating the Development of Financing Guarantee Industry, proposing to play the guiding role of government policies, and to study and demonstrate that the national financing guarantee fund supports the development of provincial re-guarantee institutions through equity investment and technical support. The people's governments of all provinces (autonomous regions and municipalities) should, in accordance with the principles of government-led, professional management and market operation, promote the provincial re-guarantee institutions to build a unified financing guarantee system with equity investment and re-guarantee business as the link; Improve the re-guarantee mechanism, improve the management level and anti-risk ability of financing guarantee institutions within their jurisdiction, unify management requirements and service standards, and expand the scale of financing guarantee business for small and micro enterprises and agriculture, rural areas and farmers. [3]
Re-guarantee re-guarantee business
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There are significant regional differences in China's re-guarantee, and different re-guarantee institutions have different understandings of re-guarantee business. Typical business types are as follows:
General liability re-guarantee. General liability re-guarantee means that when the guarantee institution cooperating with the re-guarantee institution goes bankrupt due to poor management, the re-guarantee institution bears the guarantee responsibility of the bankruptcy and inability to pay, that is, the risk is exhausted, giving confidence to creditors such as banking financial institutions, so as to enhance the credit of the cooperative guarantee institution. According to statistics, * * * 10 re-guarantee institutions have carried out general liability re-guarantee business, among which Gansu, Henan, Shanxi, Northeast China, Hubei and other re-guarantee institutions mainly carry out general liability re-guarantee business.
Joint liability re-guarantee. Compared with general liability re-guarantee, joint liability re-guarantee is not unconditional joint liability guarantee. In the payment order, it is later than the guarantee institution; In terms of payment, the guarantee institution is unable to pay. Joint liability re-guarantee is mainly based on general liability re-guarantee, and according to the needs of all parties in the market, it further adjusts the premise that the re-guarantee institution bears the liability that the cooperative guarantee institution is unable to pay compensation, some give a certain grace period, and some redefine the conditions that the guarantee institution is unable to pay compensation. The final effect is that when the debtor fails to perform the debt, the creditor can ask the guarantee institution for compensation or the re-guarantee institution for compensation, that is, the creditor's rights are jointly guaranteed by the guarantee institution and the re-guarantee institution, which enhances the credit and responsibility bearing capacity of the guarantee institution.
Proportional Re-guarantee Proportional Re-guarantee means that the guarantee institution cooperating with the re-guarantee institution bears the guarantee responsibility to the creditor, and at the same time applies for re-guarantee from the re-guarantee institution according to a certain proportion, and the re-guarantee institution bears this part of the risk. In case of compensation, the re-guarantee institution shall make compensation according to the agreed method and proportion, share the risk for the cooperative guarantee institution, and ensure its asset liquidity and compensation ability. [