First of all, we should recognize the legitimacy, status and value of student loan enterprises. As for the legitimacy mentioned by the subject, it should not exist. From the name analysis, it is a common problem that there is a clear official definition and responsibility boundary division in lending. From the management point of view, it is suggested that: 1. From the administrative point of view, anyone who engages in financial or financial services needs to be registered for the record to obtain administrative license. 2, standardize the direction and content of loan assistance. This can be learned from the transportation industry, which should have not only a road transport license, but also a dangerous goods transport license, a taxi license and a coach license. 3. The so-called help is help, not the business subject of the loan or the consequence subject of the loan. Therefore, when choosing a lending institution, the lender needs to evaluate and select the past performance and ability of the lending institution, and the service content of outsourcing and the consequences to be borne need to be clearly defined. For example, accurate customer acquisition, preliminary screening, data collection and collation, qualification review of employees and filing with the CBRC. Including the highest standards of industry charges. 4. Financial institutions must ultimately bear the risks, and lending institutions should bear the responsibilities and obligations within their functions and powers. Do not throw the pot away, nor can they pull the lending institutions to make up for it. There are administrative punishment, business prohibition, irregular information collection, false punishment, service attitude punishment, arbitrary charges punishment and so on. 5. Chaos must be governed by rules, and chaos must be justified. Because the rapid liquidity and negative external effects of funds and information are very obvious, strict management and prudent promotion must not be arbitrarily labeled and killed with a stick.
Second, what responsibility does the guarantor of the loan guarantee bear?
The guarantor's responsibility:
According to China's General Principles of Civil Law, Property Law, Guarantee Law and Interpretation of Guarantee Law, under different circumstances, the guarantor needs to bear the following responsibilities: civil liability, civil joint liability, guarantee (guarantee) liability and compensation liability.
Guarantee Law Article 6 The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
Third, what responsibility does the loan need to bear?
Whether the personal guarantee loan liability is joint and several depends on the actual situation.
According to the Civil Code of People's Republic of China (PRC)
The forms of suretyship include general suretyship and joint liability suretyship.
If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.
Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract.
Except for one of the following circumstances, the guarantor of general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has not been enforced according to law:
(1) The debtor's whereabouts are unknown and there is no property available for execution;
(2) The people's court accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
(4) The Guarantor waives the rights stipulated in this clause in writing.
Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
Article 689 A surety may require the debtor to provide a counter-guarantee.
Article 690 A guarantor and a creditor may enter into a maximum amount guarantee contract through consultation, stipulating that the creditor's rights that occur continuously within a certain period of time shall be guaranteed within the maximum amount of creditor's rights.
4. Is Party A responsible for the loan assistance contract?
Of course, Party A is responsible for the formation of the contract. For example, Party A applies for a loan in good faith: the purpose of the loan and the source of repayment are clear and legal, and Party A bears full legal responsibility for the use of the loan funds. The materials provided by Party A and its own introduction are authentic, and the consequences caused by the incorrect information provided by Party A shall be borne by Party A. After the signing of this financing loan consulting service contract, Party A shall not claim compensation, compensation, breach of contract, refusal to pay the financing consulting service fee, etc. Provide it to Party B on the grounds that the financing purpose or financing amount has not been reached.