Lawyers can be guarantors in the judicial bureau, but the conditions must be met.
Guarantor meets the requirements:
1, irrelevant to this case;
2, enjoy political rights, personal freedom is not restricted;
3. Have permanent residence and permanent residence in the local area;
4. Have the ability to fulfill the guarantee obligations.
Special provisions on the qualification of guarantor
1. A legal person, other organization or citizen who has the ability to pay off debts on his behalf may act as a guarantor. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor, and then requests to be exempted from the guarantee responsibility because he does not have compensation ability, the people will not support it.
2. According to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.
3. Guarantors include: sole proprietorship enterprises and partnership enterprises registered to obtain business licenses according to law; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.
4. If the branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.
5. Institutions and social organizations aiming at public welfare shall not act as guarantors. If an institution or social organization engaged in business activities acts as a guarantor, the guarantee contract signed by it shall be deemed as valid if there are no other circumstances that lead to the invalidity of the guarantee contract.
6, the state organs in the process of accepting loans from foreign governments or international economic organizations, approved by the the State Council can act as a guarantor. In other cases, it is not allowed to be a guarantor.
2. Does the guarantor of the Justice Bureau have any influence on the loan?
Being a guarantor will have some influence on your own loan, because providing guarantee to others means taking joint and several liability for repayment. If the lender is overdue, the guarantor will bear the repayment responsibility, and overdue will affect the guarantor's own loan.
Even if it is not overdue, it will affect its loan amount because of the guarantee responsibility, because the lending institution will analyze the lender's property and income. If it is found that the lender has the guarantee responsibility, from the perspective of risk control, the lending institution is likely to reduce the loan amount to the lender.
When issuing loans, banks or other financial institutions need to examine a lot of information of lenders, such as credit information or income of customers. Having the guarantee responsibility means more repayment pressure, which some lending institutions do not want to see.
Of course, if there is no problem with the income of the lender and the loan applied for can guarantee the repayment on time, then even if the lender bears the guarantee, it will generally not have any impact on the loan. If the income is not particularly high, security will have an impact.
3. After probation, should the Judicial Bureau bring a guarantor?
Justice after probation
The guarantor only plays a role of providing guarantee, and only when the lender fails to repay the loan on time will the guarantor undertake the repayment. As long as it meets the good record, it is possible to handle personal loans and bear the loan risks, but usually it is not criminal responsibility but civil responsibility. Legal liability of guarantor:
1, general guarantee liability. Its responsibility is that when the debtor can't pay off the due debt, the guarantor will bear the debt on its behalf;
2. Joint and several liability. Its responsibility is that when the debt is paid off, the creditor has the right to demand repayment.
Criminal law of the people's Republic of China
Article/kloc-1 of 0/69
Any director, supervisor or senior manager of a listed company who, in violation of his duty of loyalty to the company, manipulates the listed company by taking advantage of his position and commits one of the following acts, thus causing heavy losses to the interests of the listed company, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to the interests of listed companies shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Giving away its assets to other units or individuals free of charge;
(2) Providing or accepting funds, commodities, services or obviously unfair conditions.
(3) Providing funds, commodities, services or other assets to units or individuals that are obviously insolvent;
(four) to provide guarantees for units or individuals that are obviously insolvent, or to provide guarantees for other units or individuals without justifiable reasons;
(5) Abandoning the creditor's rights without justifiable reasons,
(6) harming the interests of listed companies in other ways.