Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
In order to benefit the development of both parties, make full use of the favorable factors of external financing, strengthen economic cooperation between enterprises and improve economic and social benefits, Party A and Party B have reached the following contract through full consultation:
1. Party A and Party B carry out friendly cooperation in the financing field on the principle of equality, mutual benefit, sincere cooperation and common development.
Two. Party A and Party B confirm that they will undertake the loan liability guarantee with a total amount of 50 million yuan, and agree to perform their respective responsibilities in accordance with the Guarantee Law of People's Republic of China (PRC).
3. When Party B needs a guarantee, whether it is one company or two companies of Party B, the total amount of guarantee provided by Party A for Party B is RMB _ _ _ _ _ _ _ _ _ _ _ _; When Party A needs a guarantee, Party A can choose a company of Party B to provide the same loan guarantee for Party A..
4. When Party A and Party B guarantee each other, the guarantee period shall not exceed three years at the longest, and the loan must be used for special purposes. The guarantor has the right to supervise the use of the loan by the guarantor. When the principal and interest of the loan are paid off at maturity, the warrantee shall take the initiative to provide repayment vouchers to the guarantor so that the other party can know in time.
Five, when either party guarantees for the other party, it shall truthfully provide their respective financial statements, business licenses, copies of credit certificates, and information about the general situation of the enterprise.
The heirs of the intransitive verb guarantor (including those inherited due to reorganization and merger) will be bound by this contract and continue to bear the guarantee responsibility. Without the prior written consent of the other party, the guarantor shall not transfer its guarantee obligations.
Seven, the guarantor on behalf of the guarantor to pay off debts, have the right to recover from the guarantor.
8. During the validity of this contract, neither Party A nor Party B may change or terminate this contract without authorization. If it is really necessary to change the terms of this contract, a written supplementary contract shall be reached after negotiation and consent by the other party.
Nine. responsibility for breach of contract
Both parties shall abide by the provisions of this contract. If either party breaches this contract, the breaching party shall pay the breaching party RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
X. Methods of dispute settlement
Disputes arising from the performance of this contract shall be settled by both parties through consultation or mediation. If negotiation or mediation fails, either party has the right to appeal to the people's court where the plaintiff is located.
XI。 Matters not covered in this contract shall be settled by both parties through consultation.
Twelve. This contract shall come into force as of the date of signing.
13. This contract is made in duplicate, with each party holding one copy and abiding by it jointly.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Establishment and entry into force of guarantee contract
The guarantee in the loan contract, whether it is guarantee, mortgage or pledge, must be signed in writing. Once the guarantee contract is signed, it is established, which is the same. However, due to different guarantee methods, their effective methods are also different. (I) Effectiveness of Guarantee Contract There are three main situations of guarantee in a loan contract. First, the third party signs a guarantee contract with the lender. The guarantee contract will take effect as soon as it is signed. Second, the third party, the lender and the borrower sign a guaranteed loan contract. If there is a guarantee clause in the secured loan contract, or there is no guarantee clause, but the third party signs or seals the column of "guarantor", the guarantee contract is established and takes effect. Third, it is common for the guarantor to issue a letter of guarantee separately. Usually, the third party signs or seals the formatted "irrevocable letter of guarantee" issued by the lender and returns it to the lender. In addition, written documents issued by a third party, including letters and faxes, also belong to the scope of the letter of guarantee. In this case, as long as the lender does not explicitly refuse, the guarantee contract shall be deemed to be established and valid. It can be seen that guarantee is a kind of legal commitment, and the guarantee contract will take effect immediately after it is signed. (II) Effectiveness of Mortgage The mortgage in a loan contract means that the borrower or a third party does not transfer the possession of the property listed in Article 34 of the Guarantee Law, and uses the property as a guarantee for the borrower to repay the loan. When the borrower fails to repay the loan on time, the lender has the right to discount the property or give priority to compensation with the price of auction or sale of the property. Among them, the lender is called the mortgagee, and the borrower or the third person who mortgages the property is called the mortgagor. There are two ways for the mortgagee and the mortgagor to sign the mortgage contract, one is to sign the mortgage contract separately, and the other is to sign the mortgage clause in the loan contract. However, after the mortgage contract is signed, the mortgage right does not naturally take effect. According to the provisions of Article 42 of the Guarantee Law, anyone who mortgages the property listed in this article must register the mortgaged property with the statutory registration department, and the date of registration is the effective date of the mortgage contract. If the mortgage has not been registered, or the registration authority is not a statutory authority, the mortgage contract will not take effect. Article 43 of the Guarantee Law stipulates that if a mortgagor mortgages other properties than those listed in Article 42, he may voluntarily register the mortgaged property, and the mortgage contract shall take effect upon signing. Therefore, due to the different nature of the mortgaged property, after the signing of the mortgage contract, it can be divided into two situations: it takes effect immediately after signing and it takes effect after registration. However, the second paragraph of Article 43 of the Guarantee Law also stipulates that a person who has not registered the mortgaged property may not confront a third party. Therefore, in order to ensure the safety of credit funds, the General Principles of Loans stipulates that mortgage loans should be signed and registered by the mortgagor and the lender. (III) Effectiveness of Pledge According to Articles 63 and 75 of the Guarantee Law, pledge can be divided into chattel pledge and right pledge. Pledge contract, like mortgage contract, must be in written form, and the signing methods are mainly two ways: signing pledge contract alone and setting pledge clause in loan contract. But they are not only different in the object, that is, the guarantee, but also different in the effective elements of the contract. The effective requirement of some mortgage contracts is to register the mortgaged property, while the effective requirement of pledge contracts is to transfer the possession of the pledged property or register the pledge right. To sum up, the problem of two years after the expiration of the guarantee contract shall be handled in accordance with China's guarantee law. Generally, the guarantor can be held jointly and severally liable within six months after the expiration of the guarantee period. If the creditor does not have any relevant contradictions due to the debtor's performance of the debt during this period, in fact, the guarantor will not bear any legal responsibility after the expiration of the time limit stipulated in the guarantee contract.
Guarantee agreement
With the continuous progress of society, agreements are needed in many cases, and signing agreements can protect the legitimate rights and interests of the parties. You didn't even know when you drafted the agreement? The following are five guarantee agreements that I have compiled. Welcome to share.
Guarantee agreement 1
guarantee
Party A (creditor):
Party B (debtor):
Party C (guarantor):
This letter of guarantee was signed by the above three parties on February 20x65438+20xx. In order to ensure the full performance of the loan contract signed by Party A and Party B on February 29th, 20xx (hereinafter referred to as the main contract, the contract number is NJ2012122 9001,and the principal of the loan contract is RMB Yuan only), Party C voluntarily performs it for Party B at the request of Party B due to non-performance or incomplete performance.
After friendly negotiation, the three parties reached an agreement on the above-mentioned guarantee-related matters and signed the guarantee.
I. Contents of guarantee
1. The creditor's rights guaranteed by this letter of guarantee are the creditor's rights enjoyed by Party A against Party B due to Party B's non-performance, incomplete performance and inability to perform the above-mentioned main contract signed by Party A and Party B on February 29th, 20xx 65438.
2. All the assets owned by Party C are used as mortgage guarantee, and the scope of guarantee provided by Party C to Party A includes all the money paid by Party A to perform the above loan contract, as well as the expenses incurred by Party A to recover overdue loans, including but not limited to legal fees, attorney fees, investigation and evidence collection fees, liquidated damages, loan interest and loan principal.
3. Party C shall provide Party A with irrevocable unlimited joint and several liability by way of guarantee according to this letter of guarantee.
4. The guarantee period stipulated in this guarantee is two years, counting from the date of signing this guarantee.
5. During the guarantee period, without the written consent of Party A, Party C shall not provide a guarantee beyond its own affordability to a third party.
6. This guarantee shall come into effect as of the date when Party C seals it and both parties sign it; The main contract is invalid or invalid.
Does not affect the validity of this letter of guarantee, and the guarantee under this letter of guarantee extends to the legal liability of Party C after the main contract is invalid or invalid.
7. Party C specifically promises that before signing this guarantee, Party C has fully understood and clearly recognized the signing.
In view of the legal consequences of this letter of guarantee, it is hereby confirmed that this letter of guarantee is not invalid because the above-mentioned main contract is invalid. Even if the main contract cannot be performed or is invalid for some reason, it will not affect the effectiveness of this guarantee and Party C's guarantee responsibility to Party A. ..
8. Any dispute arising from the performance of this guarantee can be settled through negotiation. If the negotiation fails, you can rely on it.
According to the dispute settlement method agreed in the main contract. During the litigation, the clauses in this guarantee that do not involve the disputed part shall continue to be implemented.
Two. any other business
1. Matters not covered in this Guarantee shall be settled by Party A, Party B and Party C through negotiation.
2. This letter of guarantee is made in triplicate, with Party A, Party B and Party C holding one copy respectively, all of which have the same legal effect.
Party A: (Signature) Party B: (Signature) Party C: (Seal)
Date Date Date:
Chapter 2 of the Guarantee Agreement
Party A:
City branch
Domicile:
Person in charge:
Name of Party B:
ID number:
Domicile:
Telephone:
Party B signed a guarantee contract with Party A on, and volunteered to act as Party A's agent.
Provide guarantee and bear joint and several liability for the guarantee. Now Party B shall
Propose to Party A to terminate the original guarantee contract. Through friendly negotiation, both parties reached the following agreement:
1. Party A agrees to terminate Party B's agency right from.
The original guarantee contract is terminated at the same time.
2. Within years from the date when Party A agrees to exempt Party B from the guarantee responsibility, if Party A finds that the agent has violated the relevant laws and regulations and the insurance agency contract during the guarantee period provided by Party B and caused losses to Party A, Party B shall still bear joint and several guarantee responsibilities within the original guarantee responsibility. If both parties arise from this, they can still bring a lawsuit to the people's court with jurisdiction where Party A is located.
Three. Matters not covered in this contract shall be decided by both parties through consultation.
Four. This agreement shall come into force after being signed or sealed by both parties.
Verb (abbreviation of verb) This agreement is made in triplicate, with Party A and Party B and their agents holding one copy respectively.
Each party holds one copy.
Party A (seal):
Party B: (signature)
Person in charge (signature):
date month year
Chapter 3 of the Guarantee Agreement
Party A: Shenzhen Yingdexin Guarantee Co., Ltd.
Address: Room 4003, Block A, Union Plaza, No.5022 Binhe Road, Futian District, Shenzhen
Party B: ID number:
Address:
For the loan contract with the loan amount of RMB (in words) signed by the Lender Gao Hanbin and the Borrower, at the request of the Lender and the Borrower, Party A and Party B reached the following guarantee agreement on the loan from the Lender Gao Hanbin on behalf of Party B through negotiation:
1. Party A agrees to provide guarantee services for Party B, with the guarantee amount of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If this agreement is cancelled due to Party A's reasons, Party A will refund the above fees.
Second, the scope of guarantee:
(1) The guarantee scope of the guarantor includes the loan principal, interest, liquidated damages, fines, compound interest and all expenses for the lender to realize the creditor's rights under this contract;
(2) The guarantor's guarantee method is general guarantee; During the guarantee period, the guarantor shall not be responsible for any money beyond the guarantee scope of the guarantor. The guarantor's guarantee responsibility is correspondingly reduced or relieved with the borrower's repayment obligations in the loan contract, the guarantor's repayment on his behalf or the borrower's recovery of the loan due to the borrower's breach of contract.
Three. Party B authorizes Party A to handle all related matters such as ward rounds, foreclosure, cancellation of mortgage registration and real estate mortgage registration. The power of attorney shall be notarized by the notary office, and the notarization fee shall be paid by Party B, who shall provide relevant information to handle relevant matters according to Party A's requirements. ..
4. If the period from the date when Party B provides the guarantee service to the date when the lender issues the loan to the date when the borrower receives the principal and interest is two years, if the guarantor fails to release the guarantee responsibility and Party A fails to release the counter-guarantee responsibility due to Party B, Party B shall pay Party A the overdue guarantee fee and liquidated damages at the rate of three thousandths of the daily guarantee amount.
5. If the guarantor's guarantee responsibility and Party A's counter-guarantee responsibility cannot be lifted due to Party B or Party B's real estate, resulting in economic losses to Party A, Party A has the right to dispose of the real estate, replace the lender as the creditor of Party B after compensating the loan principal and interest for Party B, and have the right to take all legal and effective measures to recover from Party B, and bear unlimited repayment responsibilities for the economic losses caused to Party A. ..
Subrogation of the guarantor of intransitive verbs
After the Guarantor performs the guarantee obligations and pays off the debts on behalf of the Borrower in accordance with the Contract, it gains the creditor status and enjoys the right to recover from the Borrower, and the Borrower shall repay all the money paid by the Guarantor as well as the interest, liquidated damages, compensation and all expenses paid by the Guarantor to the Lender.
Seven. Supplementary matters:
Eight. This agreement is made in duplicate, each party holds one copy, which has the same legal effect. It will take effect as of the date of signature and seal by both parties.
Seal of Party A: Seal of Party B:
Representative signature: Representative signature:
Date: Year Month Day Date: Year Month Day
Chapter 4 of the Guarantee Agreement
Party A:
Certificate type and code:
Domicile:
Contact information:
Agent of Party A:
Certificate type and code:
Domicile:
Contact information:
Person in charge:
Name of Party B:
ID number:
Domicile:
Telephone:
Party B signed a guarantee contract with Party A on, and voluntarily provided guarantee for Party A's agent, and assumed joint and several guarantee responsibilities. Now Party B proposes to dissolve the original guarantee contract to Party A for some reason. Through friendly negotiation, both parties reached the following agreement:
1. Party A agrees to release Party B's guarantee responsibility to the agent from now on, and the original guarantee contract will be terminated at the same time.
2. Within years from the date when Party A agrees to exempt Party B from the guarantee responsibility, if Party A finds that the agent has violated the relevant laws and regulations and the insurance agency contract during the guarantee period provided by Party B and caused losses to Party A, Party B shall still bear joint and several guarantee responsibilities within the original guarantee responsibility. If the two sides arise from this, they can still bring a lawsuit to the people.
Three. Matters not covered in this contract shall be decided by both parties through consultation.
Four. This agreement shall come into force after being signed or sealed by both parties.
5. This Agreement is made in triplicate, with each party and the agent holding one copy.
Party A (seal):
Party B: (signature)
Person in charge (signature):
Person in charge (signature):
Date of signing:
Date of signing:
Chapter 5 of the Guarantee Agreement
Recipient:
The Mortgage Loan Contract signed by XXX and China Postal Savings Bank XX Branch (the borrower is Fujian XX Trading Co., Ltd., the collateral is Wuyishan XXX real estate, and the mortgage amount is XXX million yuan), because this loan must involve the signing of documents by the company as a legal person XXX and its lover XXX, and I promise that all creditor's rights, debts and legal liabilities arising from the signing of this loan contract have nothing to do with the company as a legal person XXX and its lover XXX, and I will bear all responsibilities and risks. The term of validity of this letter of commitment:
1. This loan contract will be terminated naturally upon expiration.
2. If the company changes its legal person, the new legal person shall bear the responsibility, and the responsibility of the original legal person shall be transferred to the new legal person, and this commitment shall be terminated. Hereby promise!
(blank above)
Signature and seal of the promisor: ID number: date: