Counter-guarantee of loan contract
_ _ _ _ _ _ _ Branch of Bank of Communications:
The contract number signed by _ _ _ _ _ (hereinafter referred to as Party A) and _ _ _ _ _ _ (hereinafter referred to as Party B) is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as? Contract? )。 At the request of Party A, your bank and Party A signed a letter with the number of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. We agree to all the terms of the above guarantee contract and letter of guarantee; We guarantee that Party A will fulfill it on time? Contract? And all the obligations of the guarantee contract; All the money payable to Party A under the guarantee contract, including any or all the money paid by your bank to the beneficiary of this guarantee according to the provisions of this guarantee, and the interest and expenses paid in advance therefrom (hereinafter referred to as? Deal with? ), we promise to undertake joint and several liability for repayment or/and joint and several liability for compensation.
2. If Party B fails to fulfill the payment obligations stipulated in this contract, your bank has the right to directly recover from the guarantor without first recovering from Party A or/and disposing of the collateral. The Guarantor promises to unconditionally and voluntarily pay the above-mentioned money owed by Party A to your bank in the currency agreed in the guarantee contract within ten days after receiving your first written demand notice, and the interest paid in advance will be calculated until the actual payment date of the Guarantor. As proof of payment, the above demand notice is legally binding on this guarantor.
3. If the guarantor fails to perform the above joint and several guarantee responsibilities within the time limit specified in the preceding article, the delayed interest and other economic losses caused to your bank shall be borne by the guarantor; At the same time, your bank has the right to deduct the above arrears and deferred interest from the guarantor's deposit account, and the guarantor promises not to raise any objection or defense.
4. If Party A fails to perform the contract on schedule and your bank indirectly performs the guarantee responsibility by way of loan, our bank promises to unconditionally issue a separate guarantee for the loan in the format specified by your bank.
5. Under any one or more of the following circumstances, the joint liability stipulated in Articles 1, 2 and 3 of this guarantee will not be affected in any way, and this guarantee is still valid regardless of whether the guarantor is notified in advance.
(1) The parties hereto change their respective names, addresses, joint venture contracts, articles of association, legal representatives, business scope and enterprise nature, or Party B merges, divides, is revoked or goes bankrupt;
(2) Is it correct for your bank to delay exercising any rights under the guarantee contract? Deal with? Pay any grace period;
(3) The rights under the letter of guarantee are transferred;
(4) The validity of the letter of guarantee shall be extended according to the requirements of both parties;
(5) Any modification and supplement to the guarantee contract.
6. If the amount of the letter of guarantee changes, the guarantee liability of this letter of guarantee remains unchanged, and the guarantee liability shall be assumed according to the maximum amount not exceeding the original letter of guarantee.
7. Up there? Deal with? The Guarantor shall not exercise the right of claim due to the performance of the obligations under this guarantee until it is fully paid off. If Party A provides collateral to the Guarantor, the Guarantor shall not exercise the rights under the collateral without your written consent; If the collateral is disposed of with the consent of your bank, all income guarantees will be used to repay the above money to your bank first. Deal with? .
8. The Guarantor will provide relevant financial statements on a regular basis as required by your bank, and inform your bank of the change of the Guarantor in Article 5 (1) in time.
9. This letter of guarantee shall come into effect from the date of issuance until the date when your guarantee liability under the above letter of guarantee is completely relieved or all the payables under the guarantee contract are paid off.
10. In case of any dispute in the performance of this guarantee, it shall be settled through negotiation as far as possible. If negotiation fails, a lawsuit will be brought to the court where your bank is located.
This guarantee is in quadruplicate, two for your bank, one for Party A and one for this guarantor.
Name of guarantor: (official seal)
Signature of Legal Representative: _ _ _ _
Release date: _ _ _ _ _ _
Bank and account number: _ _ _ _
Model personal loan guarantee contract
ContractNo.: _ _ _ _ _ _ _ _ _
Creditor: _ _ _ _ _ _ _ _ _ _ _
Guarantor: _ _ _ _ _ _ _
Contract signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Important tips for signing a contract
In order to safeguard your rights and interests, please read the following clauses carefully before signing this contract:
1. Before signing the contract, please check and confirm the following items again:
(1) You have the right to sign this contract. If it is necessary to obtain the consent of others according to law, you have obtained full legal authorization;
(2) You have carefully read and fully understood the terms of the contract, and paid special attention to the contents related to the undertaking, exemption or restriction of the Industrial Bank, as well as the bold type;
(3) You have fully understood the meaning of the contract terms and the corresponding legal consequences, and are willing to be bound by these terms.
2. The contract text provided by Industrial Bank is only a model text, with blank lines and "?"in the special terms and conditions of the contract. It was added at the end of the contract. Supplementary terms? , for all parties to modify, add or delete the contract.
3. If you still have questions about this contract, please consult Industrial Bank in time.
The guarantor provides guarantee for the loan given by the creditor to the debtor. In order to clarify the responsibilities and abide by the credit, both parties have reached an agreement through consultation and signed this contract for mutual compliance.
Article 1 definition and interpretation
Unless otherwise agreed in this contract, the following terms have the following clear meanings:
1. Guarantor refers to the natural person or legal person who provides guarantee for the loan under the main contract.
Second, the guarantee method, the guarantee method of this contract is guarantee, and the guarantor is also called the guarantor.
3. The expenses incurred by creditors in realizing their creditor's rights include but are not limited to legal fees, arbitration fees, property preservation fees, application execution fees, lawyer's agency fees, case handling fees, announcement fees, evaluation fees, auction fees, appraisal fees, travel expenses and telecommunication fees.
Article 2 Description of the other party
See Paragraph 1 of the Special Agreement in Article 14 of this Contract.
Article 3 Main Contract
1. See Paragraph 2 of Article 14 of this contract for the main contract guaranteed by this contract.
2. If the actual term of the principal debt is inconsistent with the loan term agreed in the preceding paragraph, the term recorded in the loan certificate and other creditor's rights certificates shall prevail.
Article 4 Scope of Guarantee
The scope of guarantee under this contract includes the loan principal, interest (including penalty interest and compound interest), liquidated damages, damages and the expenses for creditors to realize their creditor's rights.
Article 5 Liability for Guarantee
1. The Guarantor shall bear joint and several guarantee responsibilities under this Contract. If the debtor fails to repay the loan principal and interest on schedule as agreed in the master contract for whatever reason (including the loan principal and interest demanded by the creditor in advance due to the default of the debtor or guarantor), the guarantor shall perform the repayment obligations as agreed in this contract.
2. During the performance of the principal debt, if the creditor announces that the performance period of the principal debt expires ahead of schedule according to the agreement of the principal contract, the guarantor shall bear joint and several liabilities for the principal debt that expires ahead of schedule and other debts within the scope of guarantee.
Article 6 Warranty Period
First, there are two ways during the guarantee period:
1. Full-time guarantee: when the principal of the loan is paid in one lump sum at the expiration of the main contract, the guarantee period is two years from the expiration of the loan term; When the principal is paid off by installments as agreed in the master contract, the guarantee period is also calculated by installments, and the guarantee period of each principal is two years after each repayment date.
2. Periodic guarantee: the guarantee period is two years from the due date of each principal debt. If there is still mortgage guarantee in the main contract guaranteed by this contract, and the house is used as collateral, and the registration procedures of the house ownership certificate and the house mortgage with the creditor as the mortgagee have been completed, the guarantor's guarantee responsibility shall be lifted from the date when the original mortgage certificate of the house is delivered to the creditor. Where other articles are used as collateral, the guarantor's guarantee responsibility shall be released from the date when the original mortgage certificate with the creditor as the mortgagee is handed over to the creditor. However, for the debts due by the debtor before this date, and the debts under this contract caused by the default of the guarantor or/and the debtor before this date, the guarantor shall still bear the guarantee responsibility and the corresponding liability for breach of contract.
For the agreement on the guarantee period, see Article 3, Article 14 of the Special Agreement of this Contract.
2. If the creditor recovers the loan in advance according to the master contract or the agreement in this contract, or the performance period of the master debt expires in advance under the circumstances stipulated by laws and administrative regulations, the guarantee period shall be two years from the date when the master contract debt determined by the creditor expires in advance.
Three. If the creditor and the debtor reach an extension agreement on the debt performance period of the main contract, the guarantor shall continue to bear the guarantee responsibility, and the guarantee period shall be two years from the expiration of the debt performance period agreed in the extension agreement.
Article 7 Payment on Demand
The Guarantor promises that all debts under this Contract will be paid on demand, that is, as long as the creditor submits a loan collection notice to the Guarantor, which lists the number of the guarantee contract and the amount of the main debt, the Guarantor will perform the repayment obligation on the day it receives it. At the same time, the Guarantor hereby irrevocably authorizes the creditor to deduct money from any account of the Guarantor without going through legal procedures after issuing the loan collection notice.
Article 8 Guarantor's Statement and Commitment
I if the guarantor is a legal person:
(1) The guarantor is a legal person registered according to law and effectively existing. Have the qualification of guarantor as stipulated by law and the ability to pay off debts on behalf of others, and voluntarily undertake and perform the guarantee responsibilities.
(II) The Guarantor's signing of this Contract has been approved by the superior competent department or the board of directors of the company and other authorized institutions according to law, and has obtained all necessary authorizations.
Two. The Guarantor shall not violate any terms or agreements binding on its assets, any guarantee agreement, other agreements signed between the Guarantor and others and any other documents, agreements and commitments binding on the Guarantor when signing and performing this Contract.
Three. All documents, materials, statements and vouchers provided by the guarantor to the creditors are accurate, true, complete and effective.
4. The Guarantor hereby irrevocably authorizes the creditor to deduct money from any account of the Guarantor to pay off the debts and other expenses that the Guarantor should bear.
Verb (abbreviation of verb) The guarantor has not concealed any of the following events that have happened or will happen soon, which may make the creditor not accept him as the guarantor:
(a) major violations of discipline, law or claims involving the guarantor;
(2) Unfinished litigation and arbitration events;
(3) All kinds of debts, contingent liabilities undertaken by the guarantor, or guarantees and mortgage (pledge) guarantees provided to third parties;
(4) Default events between the guarantor and creditors or other creditors under this contract; (five) the guarantor's operating losses or economic benefits (income) decreased significantly;
(six) the guarantor changes the operating mechanism, as well as merger, bankruptcy, shareholding system reform, contracting, leasing, joint venture (cooperation), division, transfer of property rights, dissolution, etc. ;
(seven) other circumstances that affect the financial status or guarantee ability of the guarantor.
The guarantor of intransitive verbs shall provide the creditors with real financial statements, business reports, loan usage reports and other materials required by the creditors on time, and actively cooperate with the creditors to supervise and inspect the use of the debtor's loan funds and the debtor's production and operation, financial activities, material inventory, assets and liabilities, bank deposits and cash inventory.
Seven, the guarantor has fulfilled the guarantee responsibility, under the premise of not affecting the debtor's future debt repayment, have the right to recover money from the debtor. However, if the debtor faces the recourse of the guarantor and any payment requirements of the creditor under the main contract at the same time, the guarantor agrees that the debtor has the priority to pay off his debts to the creditor.
VIII. If the debtor and the guarantor have signed or will sign a counter-guarantee contract on the guarantee obligations under this contract, the counter-guarantee contract shall not damage any rights enjoyed by the creditor in law or in fact under this contract.
9. Before all obligations under this contract are fulfilled, the Guarantor shall make any property right change or business mode adjustment (including but not limited to signing joint venture and cooperation contracts with foreign businessmen, Hong Kong, Macao and Taiwan businessmen; Cancel, close, stop production and change production; Separation, merger, merger, merger; Reorganization, formation or reconstruction into joint-stock companies and investment companies; Share or invest in joint-stock companies with fixed assets such as houses, machinery and equipment or intangible assets such as trademarks, patents, proprietary technology and land use rights, and conduct property rights and management rights transactions by means of leasing, contracting, joint venture and custody; Make any other institutional changes or change the nature of business), and guarantee to notify creditors in writing in advance. If the creditor requests to add or replace the guarantee method and subject, the guarantor guarantees to implement the new guarantee method and subject accepted by the creditor.
10. Before all obligations under this contract are fulfilled, the Guarantor shall not transfer or conceal the property in any way, give up or passively exercise the creditor's rights, or cause property reduction by other actions.
1 1. The guarantor shall immediately notify the creditor in writing of any breach of this contract, contract, guarantee contract or other contracts signed with any department or institution of the creditor, other banks and non-bank financial institutions or units.
12. When the debtor fails to perform the debts under this contract, regardless of whether the creditor has other guarantees (including but not limited to guarantee, mortgage, pledge, letter of guarantee, standby certificate and other forms of guarantee) for the creditor's rights under this contract, the creditor has the right to directly ask the guarantor to bear all the guarantee responsibilities without exercising other guarantee rights first.
Thirteen, the guarantor in the State Administration for Industry and Commerce or other relevant departments of the state for any establishment, change or cancellation of registration, will notify the creditors before the application, and immediately after the registration, the relevant registration copy will be served on the creditors.
Article 9 Independence of Guarantor's Obligations
1. The guarantee established in this contract is independent. In any case, this contract is not invalid because the main contract it guarantees is invalid. If the main contract is confirmed to be invalid, the guarantor shall also be jointly and severally liable for the debts arising from the debtor's return of property or compensation for losses.
Two, the creditor and the debtor agreed to change the main contract, but did not increase the debtor's liability, without the consent of the guarantor, the guarantor shall continue to perform the guarantee liability as agreed. However, if the creditor and the debtor change the loan term, the guarantee period is two years from the date of expiration of the changed loan term.
Three. The guarantor guarantees that the debtor will perform all the obligations agreed in the main contract. If the debtor violates the main contract (including but not limited to the debtor's failure to use the loan as agreed in the main contract), the guarantor's guarantee liability will not be affected.
Article 10 Liability for breach of contract
One, the guarantor has one of the following circumstances, all constitute a breach of contract:
(1) violates the statements and commitments in this contract;
(2) Violation of other terms of this contract.
Two, after the breach of contract, the creditor has the right to take one or more of the following measures:
(a) require the guarantor to correct the breach of contract within a time limit;
(two) announced that the loan expires in advance, requiring the guarantor to bear joint and several repayment responsibilities according to the contract;
(3) Require the Guarantor to pay a certain percentage of the loan amount under the main contract as liquidated damages (see Article 14 Special Agreement Clause 4 of this contract);
(four) require the guarantor to compensate for the actual loss that the amount of liquidated damages is insufficient to make up;
(5) Requiring to cancel the guarantor's behavior that damages or may damage the creditor's rights according to law.
Three. If the guarantor's business situation deteriorates, or loses its commercial reputation, or is likely to lose its guarantee ability due to other factors other than the guarantor, the creditor has the right to declare the loan due in advance and require the guarantor to assume joint and several guarantee responsibilities in advance.
Article 11 Notice
1. Notices or various communications under this contract shall be delivered to the other party at the address and contact information specified in Article 14 1 of this contract.
2. If the above mailing address or contact information of either party to this contract changes, it shall immediately notify the other party.
3. Any notice or various letters shall be deemed to have been delivered on the following date as long as they are sent at the above address (if the notice address is changed, they shall be sent at the changed address):
(1) If it is a letter, 5 banking days after the registered letter is sent;
(2) if it is a telex, the date of receiving the confirmation reply from the other party;
(3) If it is delivered by express mail, the date of receipt by the addressee shall prevail.
4. If the name, legal representative and domicile of the guarantor are changed without notifying the creditor in writing, all notices or documents issued by the creditor according to the information contained in this contract shall be deemed to have been delivered.
Article 12 Jurisdiction, Application of Law and Dispute Resolution
1. The conclusion, validity, interpretation, performance and dispute settlement of this contract shall be governed by the laws of People's Republic of China (PRC).
Two. For the settlement of disputes, please refer to Paragraph 5 of Article 14 of this Contract.
Three. During the period of litigation or arbitration, the non-controversial clauses in this contract shall continue to be implemented. The Guarantor shall not refuse to perform any of its obligations under this Contract on the grounds of dispute settlement.
Article 13 Entry into force of contract and other matters
1. This contract shall come into effect after the following conditions are met:
(1) Both parties have signed or sealed the contract;
(2) Where the creditor requests notarization of this contract, the notarization procedures of this contract have been completed according to law.
2. During the validity period of this contract, any tolerance, grace, priority or delay in exercising the rights enjoyed by the debtor and the guarantor will not affect, damage or limit all the rights and interests enjoyed by the creditor according to the provisions of relevant laws and administrative regulations and this contract, nor will it be regarded as the creditor's waiver of the rights and interests under this contract, nor will it affect any obligations of the guarantor under this contract.
Three, the creditor has the right to conduct necessary investigations on the credit situation of the guarantor. According to the needs of government departments, banking supervision institutions and the People's Bank of China. In terms of personal credit information construction, the guarantor shall allow creditors to submit credit information and other relevant information about this contract to the credit information system established or recognized by the above departments and institutions, and allow relevant information to be legally inquired.
Four. If both parties to this contract voluntarily notarize this contract to make it enforceable, if the debtor violates this contract, the guarantor is willing to give up the right of appeal and defense and directly accept the enforcement measures of the people's court.
Article 14 Terms of Special Agreement
I. Explanation of the other party
(1) Creditor: _ _ _ _ _ _ _ _ _ _ _
Person in charge [authorized agent]: _ _ _ _ _ _ _ _ _ _ _
Mailing address: _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Guarantor: _ _ _ _ _ _ _ _ _ _ _
Legal Representative [Authorized Agent]: _ _ _ _ _ _ _ _ _ _
Mailing address: _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID card type: _ _ _ _ _ _ _ ID card number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
What is the model contract of counter-guarantee pledge?
Contract number:
Pledgee: County SME Credit Guarantee Co., Ltd. (hereinafter referred to as Party A)
Pledger: (hereinafter referred to as Party B)
According to the Entrusted Guarantee Contract signed by Party A and the Borrower (hereinafter referred to as the Entrusted Contract) and the Guarantee Contract signed by Party A and the County Rural Credit Cooperative (hereinafter referred to as the Lender), Party A borrows money from the Lender as the guarantor. In order to ensure the realization of Party A's secured loan creditor's rights, the borrower shall provide Party A with counter-guarantee. Entrusted by the borrower, Party B voluntarily provides pledge guarantee for Party A's secured loan creditor's rights. According to the provisions of relevant laws and regulations, Party A and Party B enter into this contract through consultation.
I. Type and amount of principal creditor's rights pledged by counter-guarantee: namely, the loan agreed in the main contract signed by the borrower and the lender, with an amount of RMB 1 million (_ _ _ _ _ _).
Two. The time limit for the debtor to perform the debt: from _ _ _ to _ _ _.
Three. Scope of pledge counter-guarantee:
(1) All debts (principal, interest, compound interest, penalty interest, borrower's liquidated damages, and expenses for Party A and the lender to realize creditor's rights, etc.). ) and the compensation fund occupation fee that the borrower should pay to Party A ... The compensation fund occupation fee is based on all the compensated debts, and is calculated by 50% increase in the benchmark interest rate of bank loans in the same period from the day after compensation.
(2) The liquidated damages, compensation and guarantee fees that the borrower shall pay to Party A as stipulated in the entrustment contract. The guarantee fee is calculated according to the actual guarantee period, guarantee amount and guarantee rate.
Four. Mortgaged pledged property: Party B's wage income right.
Verb (abbreviation for verb) special matters:
(1) In any of the following circumstances, Party B shall not assume the guarantee responsibility:
1. Without the written consent of Party B, Party A agrees with the borrower and lender to change the main contract;
2. Party A negotiates with the lender to allow the borrower to transfer the debt without the written consent of Party B;
3. Party A negotiates with the lender to allow the borrower to extend the repayment period without the written consent of Party B;
4. Party A and the lender negotiate to issue the loan to the borrower in the form of "repaying the old with the new".
5. loans overdue, Party A fails to notify in writing as required (within 30 days after the loan expires).
(2) Party A may entrust Party B to deduct all the wages and other lawful income due to Party B (including the lender's compensation in advance) from the next month after compensation, until all the compensation funds of Party A are paid off. If Party B changes the work unit, Party A will continue to deduct the money in the new work unit. If Party B is laid off, resigned or dismissed, that is, there is no wage income, Party A will continue to apply for the execution of Party B's personal family property according to law.
(3) Party B shall notify Party A in writing within 15 days after the following acts occur:
1. Party B guarantees the debts of a third party with its family property or legal income, or sets up a mortgage or pledge guarantee for its own debts or those of a third party, which may affect its performance of the guarantee responsibilities under this contract;
2. Party B's work unit, residence and telephone number have changed.
Liability for breach of contract of intransitive verbs:
If either party breaches the contract, it shall pay liquidated damages to the other party at% of the above-mentioned secured loan amount. If the breaching party causes losses to the other party and the liquidated damages are insufficient to compensate, the breaching party shall also compensate.
Seven. In case of any dispute during the performance of this contract or any party needs to change the terms of this contract, both parties shall settle it through consultation. If negotiation fails, a lawsuit shall be brought according to law.
Eight. This contract shall come into effect after being signed and sealed by both parties. At the same time, go to the notary office for notarization, and the expenses shall be borne by Party B. This contract is made in quintuplicate, one for Party A and Party B and the borrower respectively, and one for Party B's work unit and the lender respectively, with the same legal effect.
Party A: County SME Credit Guarantee Co., Ltd.
Legal representative:
Party B:
Resident identity card number:
Domicile:
Party B's work unit:
Signing place: