Guaranteed loan means that when the borrower cannot provide a full mortgage (pledge), a third party recognized by the lender should provide a joint and several liability guarantee. The guarantor is a legal person and must have the ability to repay all the principal and interest of the loan on his behalf, and must have a deposit account in a bank. If the guarantor is a natural person, he must have fixed financial resources, sufficient repayment capacity, and a certain amount of deposit in the lending bank; the guarantor and the creditor shall enter into a guarantee contract in writing. If the guarantor changes, the guarantee change procedures must be completed in accordance with regulations. Without the approval of the lender, the original guarantee contract cannot be revoked.
A secured loan is a loan in which the borrower's property or the property of a third party is used to guarantee the loan according to the loan contract or the borrower's agreement, and the third party bears joint and several repayment responsibilities when necessary.
According to the different guarantee methods, it is divided into: guarantee, mortgage, pledge, (deposit lien is rarely used)
1. Guaranteed loan: refers to the loan in accordance with the "People's Revolution of the People's Republic of China and the State Council" The guarantee method stipulated in the Guarantee Law is a loan issued by a third party promising to assume joint and several liability according to the agreement when the borrower cannot repay the loan.
2. Mortgage loan: refers to a loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the "Guarantee Law of the People's Republic of China".
3. Pledge loan: refers to a loan issued with the movable property or rights of the borrower or a third party as pledge according to the mortgage method stipulated in the "Guarantee Law of the People's Republic of China".
According to the loan period, it is divided into: short-term loans, medium-term loans and long-term loans. The specific division method is the same as the corresponding terms of credit lending.
Guaranteed loans
According to the provisions of China's "Guarantee Law of the People's Republic of China" (hereinafter referred to as the "Guarantee Law"), legal persons and other organizations that have the ability to repay debts on their behalf Or a citizen can act as a guarantor. However, state agencies are not allowed to be guarantors (except those approved by the State Council for on-lending using government or international economic organization loans); schools, kindergartens, hospitals and other public institutions and social groups for public welfare are not allowed to be guarantors; branches of corporate legal persons If an institution has written authorization from a legal person, it can provide guarantees within the scope of authorization. The "Guarantee Law" also stipulates that the guarantor and the creditor shall enter into a guarantee contract in written form, and the contract shall include: (1) the type and amount of the guaranteed principal claim; (2) the time limit for the debtor to perform the debt; (3) the method of guarantee; and (4) the scope of the guarantee. ; ⑸ The period of guarantee; ⑹ Other matters that both parties deem necessary to agree on.
In order to successfully obtain bank loans, enterprises should choose those legal persons or citizens with strong strength and good reputation as loan guarantors. If banks and other financial institutions can serve as guarantors for enterprises, the effect will be more ideal and it will be easier for borrowing enterprises to obtain bank loans.
Mortgage Loans
When bank credit loans cannot be obtained, or the credit loans provided by banks cannot meet their needs, small and medium-sized enterprises can provide collateral to the bank to obtain loans. Mortgage means that the debtor or a third party does not transfer possession of the property and uses the property as security for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority payment from the price of the property, or the proceeds from the auction or sale of the property. When small and medium-sized enterprises provide collateral to banks, the risk of banks lending to them is greatly reduced, so banks are often willing to provide loans to the enterprises.
The "Security Law" stipulates that the following properties can
be mortgaged: (1) Houses and other fixed objects on the ground owned by the mortgagor; (2) Machinery, transportation and other equipment owned by the mortgagor Property, ⑶ state-owned land use rights, houses and other fixed objects on the ground that the mortgagor has the right to dispose of according to law; ⑷ state-owned machinery, transportation vehicles and other properties that the mortgagor has the right to dispose of according to law; ⑸ The land use rights of barren hills, barren ditches, barren hills, barren beaches and other barren lands contracted by the mortgagor in accordance with the law and mortgaged with the consent of the contract-issuing party; ⑹
Other properties that can be mortgaged in accordance with the law.
The "Security Law" stipulates that the following properties are not allowed to be mortgaged: ⑴ land ownership; ⑵ collectively owned land use rights such as cultivated land, homesteads, private land, and private hills; ⑶ schools, kindergartens, hospitals, etc. for public welfare Educational facilities, medical and health facilities and other public welfare facilities of public institutions and social groups; (4) properties whose ownership and use rights are unknown or in dispute; (5) properties that have been sealed, detained, and supervised according to law; (6) other properties that cannot be mortgaged according to law .
The mortgagor and the mortgagee shall enter into a mortgage contract in writing, and the mortgage contract shall include the following contents: (1) The type and amount of the guaranteed principal claim; (2) The time limit for the debtor to perform its debt; (3) The name of the mortgaged property , quantity, quality, condition, location, ownership or right of use; (4) The scope of the mortgage guarantee; (5) Other matters that the parties deem necessary to agree upon.
Pledge loan
Pledge loan is also an important form for small and medium-sized enterprises to obtain bank loans. It is an important supplement for enterprises that do not have the advantage of credit loans. Pledge means that the debtor or a third party transfers its movables (or property rights) to the creditor for possession and uses the movables (or property rights) as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the movable property (or property rights) or auction or sell the movable property (or
Guaranteed loan related pictures ⑴ Meeting decision
Property rights) The price will be paid first. The transferred movables or property rights become "pledge". When they can provide pledges to banks, small and medium-sized enterprises can easily obtain loans from banks.
The "Security Law" stipulates that the following movable properties or rights can become pledges for pledged loans: (1) bills of exchange, checks, promissory notes, bonds, deposit receipts, warehouse receipts, and bills of lading; (2) shares that can be transferred in accordance with the law, Stocks; (3) property rights in trademarks, patents, and copyrights that can be transferred in accordance with the law; (4) other rights that can be pledged in accordance with the law.
Secured loan
It means that the lender requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off the loan as a loan on the basis that the borrower has not obtained the property rights of the house purchased. A loan extended to a borrower as a guarantee. The developer of the purchased house is generally required to be the guarantor.
3 Current status of the industry
The state has introduced various policies to support the development of small and medium-sized enterprises, and guarantee companies that mainly provide guarantees for small and medium-sized enterprises also have certain support policies. Not long ago, the Ministry of Finance and the Ministry of Industry and Information Technology issued Cai Qi [2008] No. 235 "Notice on the Application for Subsidy Fund Projects for Credit Guarantee Business for Small and Medium-sized Enterprises in 2008" to provide certain financial subsidies to guarantee institutions.
Finance departments (bureaus), economic and trade commissions (economic commissions), small and medium-sized enterprise bureaus (departments, offices) of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, Beijing Municipal Development and Reform Commission, Hainan Province
Department of Industry and Information Technology, Finance Bureau of Xinjiang Production and Construction Corps, and Development and Reform Commission:
In order to give full play to the guiding role of fiscal funds and encourage small and medium-sized enterprise credit guarantee institutions to actively carry out loan guarantee business around small and medium-sized enterprises, Improve the credit guarantee and re-guarantee mechanism for small and medium-sized enterprises, guide the expansion of the service functions and overall level of credit guarantee institutions, strengthen the prevention and monitoring of guarantee risks, enhance the financing capabilities of small and medium-sized enterprises, and solve the current production problems of small and medium-sized enterprises. Operating difficulties have prompted small and medium-sized enterprises to accelerate structural upgrading and product replacement. To support labor-intensive industries with employment capacity and promote the healthy development of small and medium-sized enterprises, the central government has arranged special expenditures to subsidize the small and medium-sized enterprise credit guarantee business carried out by small and medium-sized enterprise credit guarantee agencies in 2008.
4 Frequently Asked Questions
The guarantor is not qualified to guarantee. The "Guarantee Law" stipulates that guarantors must have certain qualifications, and state agencies, schools, kindergartens, hospitals and other public institutions and social groups for public welfare are not allowed to serve as guarantors. However, in actual work, some loans use some state agencies as guarantors. Since state agencies and public institutions rely on fiscal appropriations for expenditures, the units have no right to handle the assets they own. In fact, this kind of guarantee becomes an invalid guarantee.
The guarantor does not have the ability to guarantee.
Although the guarantor in this type of loan is not a state agency, public institution or social group, it seems to have qualified guarantee qualifications, but in fact it does not have the guarantee ability. The Guarantee Law stipulates that legal persons, other organizations or citizens who have the ability to repay debts on their behalf can serve as guarantors. The key here is that they have the ability to repay debts on their behalf. In actual work, there are situations where "guarantors" who do not have the ability to repay debts guarantee corporate loans. For example, a borrowing unit is a construction cost office, but its legal person is the person in charge of a certain national administrative agency; some guarantors provide guarantees, mutual guarantees, and chain guarantees in multiple banks. In this case
Guaranteed loan related pictures (2) flow chart
In this case, if the borrower's loan expires and the debt cannot be paid off, the bank will hold the guarantor accountable for its guarantee liability and joint and several liability. responsibility. The above-mentioned non-compliance phenomena lead to the failure of the bank's claims against the guarantor, which will inevitably cause credit risks to the bank.
The bank's improper operations resulted in the existence of a defective guarantee. The main manifestations are: first, the guarantee contract stipulates that there must be a signature and official seal of the legal representative or authorized agent of the guarantee method, but some contracts only have a signature or a seal; second, when the loan is not returned when it expires, the bank will not Pay attention to the collection of guarantors. Collection notices often only have the signature and seal of the borrower, but not the signature of the guarantor; third, the term of some guarantee contracts is shorter than the term of the loan contract.
Common problems with collateral. The main reason is that the borrower's collateral has not been registered as mortgage with the relevant departments, and the bank acquiesces to this situation for various reasons, making the mortgage loan actually "in name only." In addition, the collateral does not have an appraised value by the relevant departments, resulting in the phenomenon that the collateral is overvalued and mortgaged frequently occurs.
5 Preventive Countermeasures
In response to the above problems in guaranteed loans, banks and relevant departments need to conscientiously implement the specific requirements of the "Guarantee Law" and other laws for guaranteed loans, and effectively improve guarantees. Loan quality, reduce and prevent guaranteed loan risks.
Strictly review the credit status of the guarantor. The credit status of the guarantor includes the guarantor’s independent legal person qualifications, industrial and commercial registration status, production and operation status, financial status, liabilities, solvency, and creditworthiness. The guarantor’s guarantee qualifications and willingness to perform the contract must be strictly controlled to prevent mutual guarantees and chain relationships. Guarantee occurs.
Conduct a detailed review of the collateral. As the second source of repayment for loan collection, collateral plays a very important role in secured loans, so banks should conduct a detailed review of the mortgaged items. Content includes: ownership, use rights, possession rights, disposal rights and custody rights of the mortgaged property, etc. The "Security Law" stipulates that when parties use specific properties, such as land use certificates, urban real estate, transportation vehicles, and machinery and equipment for mortgage, they must register the mortgage. If the mortgage is not registered, the mortgage contract cannot take effect. Items that have not been registered and evaluated by relevant departments are strictly prohibited from being set as collateral to prevent the occurrence of invalid guarantees.
Strengthen team building and improve the overall quality of bank operation and management personnel and credit personnel. Establish a business training system, conduct regular training on national laws, regulations and credit business for operation management and credit personnel, update their knowledge structure in a timely manner, and at the same time strengthen the professional ethics education of operation and management personnel, and strengthen their awareness of responsibility and risk awareness.
Establish a credit guarantee system for small and medium-sized enterprises. In order to meet the financing needs of small and medium-sized enterprises and in view of the difficulty of seeking guarantees for small and medium-sized enterprises, government departments should take the lead in establishing small and medium-sized enterprise loan guarantee centers; small and medium-sized enterprise mutual guarantee funds and commercial guarantee institutions are also important components of the credit guarantee system for small and medium-sized enterprises.
Build a unified and standardized credit reporting system for bank customers. As a credit intermediary service system that integrates credit collection, registration, assessment, inquiry, and risk warning, it can not only realize the full sharing of resources among banks and effectively prevent credit risks, but also actively promote the formation of the entire social integrity system.
6 Housing Guarantee
Qualifications for Applying for Housing Loan Guarantee
According to the relevant provisions of the "Personal Housing Loan Management Measures" promulgated by the People's Bank of China, individual housing purchases Guaranteed loan objects are natural persons with full civil capacity and must meet the following conditions:
⑴Have permanent urban residence or valid residence status (referring to the six districts in the city and development zones, bonded areas
Related pictures of secured loans⑶
Official housing address in the city within the district)
⑵ Have a stable career and income, good credit, and the ability to repay the principal and interest of the loan;
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⑶Have a contract or agreement to purchase a house;
⑷Open a savings deposit account (or pay a housing provident fund deposit) in a lending bank, and the balance of the deposit accounts for not less than the amount required to purchase the house. 30, and use this as the down payment for the purchase;
⑸ The guarantee company agrees to be the guarantor for the borrower to repay the principal and interest of the loan and bear joint liability, with assets recognized by the guarantee company as collateral.
7 Related Questions
The borrower has assets as collateral, why not get a loan directly through the bank?
This is because the marketing cost of bank small loans is high, and it is difficult for small businesses to directly apply for loans from banks. This results in small and medium-sized enterprises with financing often seeking help from financing institutions such as guarantee agencies. The cost of selecting customers is relatively low for institutions. Selecting high-quality projects and recommending them to cooperative banks will increase the success rate of financing and reduce the marketing costs of small loans for banks.
In addition, in terms of loan risk control, banks are reluctant to invest in small loans. An important reason is that the management costs of such loans are high and the benefits are not obvious. For this type of loan, guarantee institutions can provide personalized services for post-loan management by optimizing the loan management process, sharing the bank's management costs and eliminating the bank's worries.
Secondly, when risks are released after the event, the advantages of guarantee institutions are irreplaceable. Projects with direct bank loans have risks, and the disposal of collateral often takes a long time, litigation costs are high, and liquidity is poor. Guarantee institutions Cash compensation greatly solves the problem of difficult disposal by banks. Some guarantee institutions can compensate for overdue loans within 1 month (investment guarantee or even 3 days). The bank's non-performing loans can be eliminated in a timely manner, and then the guarantee institution can pass them through other means. Compared with banks, it has more flexible processing methods to resolve risks.
By enabling banks to fully guarantee the company's standardized and efficient operations in post-loan management and loan preservation, some cooperative banks have outsourced post-loan collection and loan asset disposal to guarantee companies, and both parties have achieved relatively good cooperation. Effect.
8 Guarantee Process
(1) Application: The enterprise submits a loan guarantee application
(2) Inspection: Examine the enterprise’s operating conditions, financial situation, and mortgage assets situation, tax situation, credit situation, business owner situation, and preliminarily determine whether to guarantee or not.
(3) Communication: Communicate with the lending bank, further understand the corporate information provided by the bank, and clarify the amount and term of the bank's proposed loan.
(4) Guarantee: Identify the loan guarantee and counter-guarantee agreement, asset mortgage and registration and other legal procedures with the enterprise, and sign a guarantee contract with the lending bank to formally establish a guarantee relationship with the bank and the enterprise.
(5) Lending: Banks grant loans to enterprises on the basis of reviewing loan guarantees, and at the same time charge guarantee fees from enterprises.
(6) Tracking: Track the company's loan usage and company operations, and most directly track and examine the company's operating status through the company's quarterly tax payment, electricity consumption, and cash flow growth or decrease.
(7) Tip: One month before the enterprise repays the loan, advance reminder is provided so that the enterprise can make preparations for loan repayment in advance and ensure the normal operation of the enterprise's capital flow.
(8) Release: With the company’s bank repayment note, the mortgage registration is released and the guarantee relationship with the bank and the company is released.
(9) Record: Record the credit status of this loan guarantee, which is divided into four levels: normal and abnormal, overdue, and bad debt, to provide credit records for subsequent guarantees.
(10) Archiving: Arrange and archive various agreements signed with banks and enterprises, as well as vouchers for loan repayments and guarantee release vouchers, etc. for future investigation.
9 New regulations on guaranteed loans
According to the new regulations
According to the new regulations, individual entrepreneurs can drive entrepreneurial projects that employ less than 5 people, and the maximum loan amount shall not exceed 100,000. Yuan; for entrepreneurial projects that create employment for more than 5 but not more than 10 people, the loan limit can be increased to 200,000 yuan per transaction; for entrepreneurial projects that create employment for more than 10 people, the loan limit can be increased to 300,000 yuan per transaction Yuan. For partnerships or organizations to start a business, the maximum loan amount per capita shall not exceed 100,000 yuan. The loan term is two years.
If a labor-intensive small enterprise recruits new employees that year and signs a labor contract with them for more than one year, a loan of not more than 100,000 yuan per person can be provided based on the number of new employees hired by the enterprise that year
< The p> loan quota will provide support for small-amount secured loans. If an enterprise with less than 100 employees recruits less than 30 employees in the current year and signs a labor contract of more than one year with the newly recruited employees, the maximum loan amount shall not exceed1 million yuan. For enterprises with less than 100 employees, the number of new employees recruited in the current year reaches 30, and for enterprises with more than 100 employees, the number of newly recruited employees reaches 15, and the new employees must sign a labor contract for more than 1
year. According to the contract, the maximum loan amount shall not exceed 2 million yuan. The loan term shall not exceed two years.
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