Is it legal for the guarantee company to collect the guarantee fee?

Legal analysis: it is legal and reasonable for the guarantee company to collect the guarantee fee. Credit guarantee institutions are mainly engaged in the guarantee of small and medium-sized loans, and their guarantee rates are linked to their operating risk costs. The benchmark guarantee interest rate can be 50% of the bank loan interest rate in the same period, and the specific guarantee interest rate can fluctuate by 30%-50% on the basis of the benchmark interest rate according to the degree of project risk. It can also be agreed by both parties independently with the consent of the supervision department of the guarantee institution. But now, in order to prevent the unfavorable recovery, many credit guarantee companies not only agree to charge guarantee fees, but also agree to charge other guarantee fees with higher rates in their business dealings and trust guarantee contracts signed with borrowers.

Legal basis: Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises. The State encourages all kinds of social intermediary agencies to provide information consultation, investment and financing, loan guarantee, legal consultation and other services for small and medium-sized enterprises.