1. What are the main support objects of guarantee companies?
Give priority to supporting projects with products, markets and development prospects that are in line with national and provincial industrial policies, especially potential products, technological and environmentally friendly products in our province;
Famous, high-quality, special, and new product projects that are in short supply in the market;
Projects with good market and economic benefits prospects, companies with good reputation and strong ability to repay loans;
Expand Projects that provide urban and rural employment, absorb more labor and increase fiscal revenue, etc.
2. What conditions should an enterprise apply for guarantee?
Small and medium-sized enterprises (regardless of ownership and enterprise) that are registered and approved by the industrial and commercial administration department, have independent accounting, are responsible for their own profits and losses, have legal person qualifications, and open accounts in relevant national commercial banks and other financial institutions established in accordance with the law. Type); have registered capital that meets legal requirements, necessary operating capital, operate legally, have good credit, have a high level of management and economic benefits; have a reasonable ratio of assets and liabilities, have continuous profitability and solvency, and Small and medium-sized enterprises that can provide effective and reliable counter-guarantee measures in accordance with regulations.
3. What are the procedures for guarantee business?
(1) Guarantee application
(2) Guarantee preliminary review
(3) Detailed review
(4) Guarantee approval
(5) Sign the contract
(6) Grant the loan
(7) Formal guarantee
(8) Tracking management
p>(9) End of guarantee
4. How does an enterprise apply for guarantee?
To apply for guarantee, an enterprise must fill out the "Declaration Form for Credit Guarantee Project for Small and Medium-sized Enterprises in Shanxi Province" (note: link). At the same time, the following documents and information should be provided and their authenticity guaranteed:
( 1) Business license (copy)
* (2) Capital verification report
* (3) Financial statements for the current period (quarterly, monthly) and the last two financial statements verified by legal intermediaries Annual financial statements (with audit report), mainly including balance sheet, profit and loss statement, cash flow statement, etc.
*(4) Loan Certificate
*(5) Credit Certificate
*(6) Enterprise Articles of Association
*( 7) Certificate of legal representative (power of attorney) and ID card of the legal representative (or principal)
* (8) Project feasibility study report and approval document from the competent department;
(9) Relevant supporting materials for the enterprise or project.
(10) Counter-guarantee related information (attached)
Note:
(1) In addition to copies of materials marked with *, the originals should also be provided Prepare for inspection
(2) At least one of the materials with # should be provided
(3) The information provided must be stamped with the official seal of the unit
(4) The authorization of the legal representative requires the signature of the legal representative
(5) The legal representative (authorization) certificate is valid for six months
5. What are the conditions for accepting guarantees?
(1) The cumulative insured amount does not exceed 10% of our company’s net assets;
(2) The applied guarantee amount does not exceed 70% of the company’s effective net assets;
Note:
Effective net assets refer to the deduction of bad and bad debts from inventory and accounts receivable, deferred expenses, intangible assets that the company cannot confirm, deferred assets, etc.
(3) The effective net assets of the enterprise shall not be less than RMB 1 million;
(4) The asset-liability ratio of the enterprise shall not exceed 70. 6. Types and methods of guarantee charges calculate? How is it collected?
Guarantee fees include evaluation fees and guarantee fees. All projects that have undergone detailed evaluation will be charged an evaluation fee;
Guarantee fees will be charged for projects that are guaranteed.
Fee charging standards:
(1) The evaluation fee is 3‰ of the guarantee application amount. If the amount is less than 3,000 yuan, it will be charged 3,000 yuan in advance. For projects that are terminated after careful review in the preliminary review stage, 1,000 yuan will be charged.
(2) The guarantee fee is based on the guarantee amount and charged according to the guarantee rate (monthly rate). Guarantee fee = Guarantee amount × Guarantee time (month) × Monthly guarantee rate Monthly guarantee rate = Monthly base rate Table: (Rate coefficient table) Basic risk assessment value ≤0.30 ≤0.40 ≤0.50 ≤0.60 Risk coefficient above 0.60 1.2 1.4 1.6 1.8 2.0 Guarantee amount below 3 million (including 3 million) 3 million-5 million (including 5 million) 5 million to 10 million (including 10 million) The quota coefficient for more than 10 million is 1.0 0.95 0.9 0.85 In principle, the guarantee fee will be collected once when signing the "Entrustment Guarantee Contract". If the guarantee limit exceeds 10 million yuan and the guarantee period exceeds two years, it can be divided into years. Charge.
7. How to calculate the mortgage rate of counter-guaranteed mortgage?
For mortgage on real estate, the mortgage rate (calculated on net value) shall not be higher than 70;
For mortgage on building, the mortgage rate (calculated on property price) shall not be higher than 70;
Mortgage of transferable chattels (calculated based on net value) shall not exceed 50;
Pledge of equity, bonds, operating license plates, pledge rate (calculated based on investment amount, bond face value, and purchase price respectively) Not higher than 70. 8. How to collect the company’s deposit?
The deposit is an additional condition for the guarantee measure. In principle, it is paid in advance at 10% of the guarantee amount. The details are determined by the company after consultation with the guaranteed enterprise and are stipulated in the "Guarantee Agreement".
9. What are the credit evaluation indicators and methods?
Project score Project score Project score
1. Enterprise quality and potential 12 (1) = 100 5 (6) ≥ 8 million yuan 10 1. Management quality 4 ( 2) ≥ 90 4 (7) ≥ 5 million yuan 8 (1) Good 4 (3) ≥ 80 3 (8) ≥ 3 million yuan 6 (2) Medium 2 (4) ≥ 70 2 (9) ≥ 2 million yuan 4 (3) Poor 0 (5) ≥ 60 1 (10) ≥ 1 million yuan 2 2. Quality of main leaders 3 (6) < 60 0 (11) < 1 million yuan 0 (1) Good 3 3. Enterprise benefits Level 20 2. Asset-liability ratio 13 (2) 1 out of 1 1. Return on assets 10 (1) ≤ 30 13 (3) Difference 0 (1) ≥ 10 10 (2) ≤ 40 10 3. Employee quality 2 (2) ≥8 8 (3) ≤ 50 8 (1) Good 2 (3) ≥ 6 6 (4) ≤ 60 4 (2) 1 in (4) ≥ 4 3 (5) ≤ 70 2 (3) Poor 0 (5 )＜4 0 (6)＞70 0 4. Development potential 3 2. Profit rate 10 3. Current ratio 5 (1) Good 3 (1) ≥20 10 (1) ≥200 5 (2) Medium 2 (2) ≥16 8 (2) ≥180 4 (3) Difference 0 (3) ≥12 6 (3) ≥160 3 2. Enterprise credit status 25 (4) ≥8 4 (4) ≥130 2 1. Repayment of matured loans Ratio 20 (5)≥4 2 (5)≥100 1 (1)=100 20 (6)＜4 0 (6)＜100 0 (2)≥90 16 4. Enterprise economic strength 43 4. Quick ratio 5 (3) ≥ 80 12 1. Net assets 20 (1) ≥ 100 5 (4) ≥ 70 8 (1) ≥ 50 million yuan 20 (2) ≥ 80 4 (5) ≥ 60 4 (2) ≥ 40 million yuan 18 (3) ≥ 60 3 (6) ≥ 50 1 (3) ≥ 30 million yuan 16 (4) ≥ 40 2 (7) <50 0 (4) ≥ 20 million yuan 14 (5) ≥ 20 1 2, or Debt repayment ratio 5 (5) ≥10 million yuan 12 (6) <20 0 Total: 100 points 10. Under what circumstances should the company take the initiative to cancel the insurance?
If any of the following circumstances occurs, the company should take the initiative to withdraw the guarantee:
(1) The actual use of funds is not used according to the purpose when the loan guarantee is declared;
(2) The company determines that the company undertaking the project has made major operational mistakes or has potential risks in the market, financial conditions, etc.;
(3) Or the company’s technological competition level has declined;
(4) The project undertaking company provided false information or committed fraud;
(5) For two consecutive years, the project failed to meet the preliminary forecast target.
12. If the bank does not agree to lend, is the guarantee contract valid?
The guarantee contract is a subsidiary contract of the main contract. If the main contract is invalid, the guarantee contract is invalid. If the guarantee contract stipulates otherwise, the stipulation shall prevail. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.
13. If the bank does not agree to lend, is the guarantee contract valid?
2002-11-12 The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid and the guarantee contract is invalid. If the guarantee contract stipulates otherwise, the stipulation shall prevail. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear corresponding civil liability according to their faults.
14. Who can be a guarantor?
Legal persons, other organizations or citizens with the ability to repay debts on behalf of others can serve as guarantors.
15. Who cannot act as a guarantor?
State agencies may not serve as guarantors, except for on-lending loans from foreign governments or international economic organizations approved by the State Council. Schools, kindergartens, hospitals and other public institutions and social groups with public welfare purposes are not allowed to serve as guarantors. Branches and functional departments of enterprise legal persons shall not be guarantors. If a branch of an enterprise legal person has written authorization from the legal person, it may provide guarantees within the scope of authorization. 17. What is a guarantee contract?
16. What is a guarantee contract?
A guarantee contract refers to a written agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume liability in accordance with the agreement. The guarantor and the creditor may enter into separate guarantee contracts for a single main contract, or they may agree to enter into a guarantee contract for a loan contract or a certain commodity transaction contract that occurs continuously within a certain period of time within the maximum creditor's rights limit.
17. What should the guarantee contract include?
(1) The type and amount of the guaranteed principal claim;
(2) The time limit for the debtor to perform its debt;
(3) The method of guarantee;
(4) The scope of the guarantee;
(5) The period of the guarantee;
(6) Other matters that both parties deem necessary to agree on. If the guarantee contract does not fully meet the content specified in the preceding paragraph, it can be supplemented
18. What are the methods of guarantee?
(1) General guarantee: If the parties agree in the guarantee contract that when the debtor cannot perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee may refuse to assume guarantee liability to the creditor until the dispute over the main contract has not been tried or arbitrated and the debtor's property is enforced in accordance with the law and the debtor still cannot perform the debt. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph:
(1) The debtor's domicile changes, causing major difficulties for the creditor to require him to perform his debt;
(2) ) The people's court accepts the debtor's bankruptcy case and suspends the execution procedure;
(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.
(2) Joint and several liability guarantee. If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. If the debtor under a joint liability guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or require the guarantor to assume guarantee liability within the scope of its guarantee.
19. What are the guarantee responsibilities?
The scope of the guarantee includes the principal claim and interest, liquidated damages, damages and costs for realizing the claim. If the guarantee contract stipulates otherwise, the stipulation shall prevail. If the parties have not agreed on the scope of the guarantee or the agreement is unclear, the guarantor shall bear liability for all debts.
20. How long is the general guarantee period?
If the guarantor of a general guarantee and the creditor do not agree on a guarantee period, the guarantee period shall be six months from the expiration date of the principal debt performance period. During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, if the creditor has not filed a lawsuit against the debtor or applied for arbitration, the guarantor shall be exempted from the guarantee liability; if the creditor has filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply during the guarantee period.
21. How long is the joint and several liability guarantee period?
If the guarantor of a joint liability guarantee and the creditor have not agreed on a guarantee period, the creditor has the right to require the guarantor to assume the guarantee liability within six months from the expiration of the debt performance period. If the creditor does not require the guarantor to bear guarantee liability during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from guarantee liability.
22. What should the mortgage contract include?
(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 mortgage, Quantity, quality, condition, location, ownership or use rights;
(4) Scope of mortgage guarantee;
(5) Other matters that the parties deem necessary to agree on. If the mortgage contract does not fully contain the contents specified in the preceding paragraph, it may be supplemented and corrected.
23. When registering collateral, what documents or copies should be provided to the registration department?
(1) Main contract and mortgage contract;
(2) Certificate of ownership or right to use the mortgaged property.
24. What is a mortgage?
Mortgage means that the debtor or a third party does not transfer possession of the property and uses the property as a guarantee 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 at a discount or from the auction or sale of the property in accordance with the provisions of the Security Law.
25. What are mortgagor, mortgagee and mortgage?
The debtor or third party is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgage.
26. What properties can be mortgaged?
(1) Houses and other fixed objects on the ground owned by the mortgagor;
(2) Machinery, transportation tools and other properties owned by the mortgagor;
(3) 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;
(4) State-owned machinery, transportation vehicles and other objects that the mortgagor has the right to dispose of according to law Property;
(5) The land use rights of barren hills, ditches, hills, beaches and other barren lands contracted by the mortgagor in accordance with the law and mortgaged with the consent of the contract-issuing party;
(6) Other properties that can be mortgaged according to law. The mortgagor may mortgage the properties listed in the preceding paragraph together.
27. Which properties are not allowed to be mortgaged?
(1) Land ownership;
(2) Collectively owned land use rights such as cultivated land, homesteads, private land, private hills, etc., except for Article 34 of the Guarantee Law ( Except for items 5) and Paragraph 3 of Article 36;
(3) Educational facilities, medical and health facilities of schools, kindergartens, hospitals and other public institutions and social groups for public welfare purposes; Other social welfare facilities;
(4) Properties whose ownership and use rights are unknown or in dispute;
(5) Properties that have been sealed, detained, or supervised in accordance with the law;
(6) Other properties that cannot be mortgaged according to law.
28. If the same property is mortgaged to more than two creditors, how will the proceeds from the auction or sale of the mortgaged property be paid off?
(1) If the mortgage contract takes effect upon registration, repayment shall be made in accordance with the order in which the mortgaged property was registered; if the order is the same, repayment shall be made in accordance with the proportion of the creditor's rights;
(2) From the time the mortgage contract is signed, When the contract takes effect on the date of entry into force, if the mortgage has been registered, it shall be repaid in accordance with the provisions of item (1) of this article; if it has not been registered, it shall be repaid in the order of the time when the contract takes effect. If the order is the same, it shall be repaid in accordance with the proportion of claims. Registered mortgages will be paid before unregistered mortgages.
29. If the same property is mortgaged to more than two creditors, how will the proceeds from the auction or sale of the mortgaged property be paid off?
(1) If the mortgage contract takes effect upon registration, repayment shall be made in accordance with the order in which the mortgaged property was registered; if the order is the same, repayment shall be made in accordance with the proportion of the creditor's rights;
(2) From the time the mortgage contract is signed, When the contract takes effect on the date of entry into force, if the mortgage has been registered, it shall be repaid in accordance with the provisions of item (1) of this article; if it has not been registered, it shall be repaid in the order of the time when the contract takes effect. If the order is the same, it shall be repaid in accordance with the proportion of claims. Registered mortgages will be paid before unregistered mortgages.
30. What is pledge? What types are there?
Pledge includes movable property pledge and rights pledge. Chattel pledge means that the debtor or a third party transfers its movable property to the creditor for possession and uses the movable property as a guarantee for the creditor's rights. When the debtor fails to perform its debts, the creditor shall have the right to receive priority payment from the price of the movable property at a discount or from the auction or sale of the movable property in accordance with the provisions of this Law. The debtor or third party is the pledger, the creditor is the pledgee, and the transferred movables are the pledged property. Rights pledge refers to (1) bills of exchange, checks, promissory notes, bonds, deposit receipts, warehouse receipts, bills of lading; (2) legally transferable shares and stocks; (3) legally transferable trademark exclusive rights, patent rights, Property rights in copyright; (4) Other rights that can be pledged according to law are pledged to creditors.
31. What does the pledge contract include?
(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 pledge, Quantity, quality, and condition;
(4) Scope of pledge guarantee;
(5) Time for handing over the pledge;
(6) The parties consider it necessary Other matters agreed upon. If the pledge contract does not fully contain the contents specified in the preceding paragraph, it may be supplemented and corrected.
32. What is the scope of pledge guarantee?
The scope of pledge guarantee includes the main creditor's rights and interest, liquidated damages, damages, pledge storage fees and fees for realizing the pledge. If the pledge contract stipulates otherwise, the stipulation shall prevail.
33. How to deal with the price after the pledged property is auctioned?
After the pledged property is discounted, auctioned, or sold, the portion of the price exceeding the amount of the creditor's right shall belong to the pledger, and the shortfall shall be paid off by the debtor.
34. What are movable and immovable properties?
Real estate refers to land, houses, trees and other fixed objects on the ground. Movable property refers to things other than real property.
35. What is a contract?
A contract is an agreement to establish, change, and terminate civil rights and obligations between natural persons, legal persons, and other organizations who are equal subjects.
36. What is an auction?
Auction refers to a buying and selling method in which specific items or property rights are transferred to the highest bidder in the form of public bidding.
37. What is an auctioneer?
The auctioneer refers to the corporate legal person established in accordance with the "Auction Law of the People's Republic of China" and the "Company Law of the People's Republic of China" to engage in auction activities.
38. What is the auction object?
The auction object refers to the items or property rights owned by the client or that can be disposed of according to law and entrusted to the auctioneer for auction.
39. What is an auction consignor?
The client refers to the citizen, legal person or other organization that entrusts the auctioneer to auction items or property rights.
40. What is a bidder?
Bidders refer to citizens, legal persons or other organizations that participate in bidding for auction objects.
41. What is a buyer?
The buyer refers to the bidder who purchases the auction object at the highest price.
42. What are the procedures for auction?
Auction entrustment; auction announcement and display; auction implementation.
43. What should the auction contract include?
The entrusted auction contract shall specify the following matters:
(1) The name and address of the consignor and auctioneer;
(2) The auction object The name, specifications, quantity, and quality;
(3) The reserve price proposed by the consignor;
(4) The time and place of the auction;
( 5) The time and method of delivery or transfer of the auction object;
(6) Commission and the method and period of payment;
(7) The method and period of payment of the price;
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(8) Liability for breach of contract;
(9) Other matters agreed upon by both parties.
44. How to handle the real estate mortgage procedures?
First of all, to use real estate as a guarantee for debt, both parties to the mortgage must sign a written real estate mortgage contract, and it should be standardized. ⑴The name or personal name and residence of the mortgagor and mortgagee; ⑵The type and amount of the principal claim; ③The location, name, condition, building area, land area, etc. of the mortgaged real estate; ④The value of the mortgaged real estate; ⑤The amount of the mortgaged real estate Occupancy manager, occupancy management method, occupancy management responsibility and liability for accidental damage and loss; ⑥ mortgage period; ⑦ conditions for loss of mortgage right; ⑧ liability for breach of contract; ⑨ method of dispute resolution; ⑩ time and place of conclusion of mortgage contract; ⑾ Other matters agreed upon by both parties. Secondly, mortgage registration should be carried out. That is, the mortgage party shall, within 30 days from the date of signing the real estate mortgage contract, go to the real estate management department where the real estate is located to register the real estate mortgage. When handling mortgage registration, the following documents shall be submitted to the registration authority for inspection: ⑴ Identity certificate or legal person qualification certificate of the mortgage party; ⑵ Mortgage registration application; mortgage contract; ⑶ "State-owned land use right certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate" Warrant", some houses must also submit the "House Warrant" and other proof of the owner's consent to the mortgage; ⑷ Documents and supporting materials that can prove that the mortgagor has the right to set the mortgage right; ⑸ Yes Documents proving the value of the mortgaged real estate; ⑹ Other documents deemed necessary by the registration authority. After review, the registration authority will handle mortgage registration if the ownership is clear, the supporting materials are complete, and the mortgage conditions are met. A real estate mortgage contract takes effect from the date of mortgage registration and is protected by law. If the mortgage is not registered, the mortgage contract will be invalid and the mortgage right will not be established. 46. ??What are the methods of counter-guarantee? What procedures are required? Serial number, method, type, procedure, notes B-1 Guarantee third party to sign a guarantee and counter-guarantee contract B-2 Individual (shareholder, legal representative or other business manager) (1) Same as above (2) Counter-guarantee guarantor’s family*** property owner Agree with D-1 mortgage real estate (1) Assessment of the collateral (2) Insuring property insurance (3) Signing the "Mortgage Counter Guarantee Contract" (4) Registration (5) Handing over the real estate ownership certificate to obtain the land use rights through allocation, should First go through the transfer procedures or obtain approval from the land management department. D-2 Machines and equipment are equivalent to the above (1)-(4) Z-1 Pledge of shares of a limited liability company (1) More than half of the company’s shareholders agree and make a shareholders’ meeting resolution (2) Sign the “Pledge and Counter Guarantee Contract” (3 ) recorded in the shareholder register (4) Notarize the shares of Z-2 Co., Ltd. (1) Sign the "Pledge and Counter Guarantee Contract" (2) Registration (3) Deliver the shares (or equity certificates) Shares restricted from transfer according to law shall not be used for pledge . Z-3 Deposit certificates, bonds, etc. (1) Sign the "Pledge and Counter Guarantee Contract" (2) Notify the financial institution to stop payment (3) Deliver the original certificates of deposit certificates, bonds, etc. Securities custody certificates shall not be used as pledge.
Z-4 Movable property (1) Assessment of the pledged property (2) Insuring property insurance (3) Signing the "Pledge and Counter Guarantee Contract" (4) Handing over the pledged property Z-5 Property rights in trademark rights and patent rights (1) Assessment of the pledged subject (2) Sign the "Pledge and Counter Guarantee Contract" (3) Registration (4) Deliver the relevant ownership certificate Z-6 Other rights and interests are based on the agreement between the two parties Q-1 Other deposits (1) Deliver the security deposit (2) Sign the "Letter of Guarantee" Q- 2 *** Same account (1) Sign the "*** Same Account Agreement" (2) Open a special account and reserve the seals of both parties Q-3 Financial monitoring is based on the agreement of both parties Q-4 Securities account supervision (1) Sign the "Securities Account Supervision Agreement" with the securities firm (2) Issue a power of attorney (3) Deliver the capital account card 45. What does the preliminary review of the project include?
The content of the preliminary review of the project mainly includes: (1) Basic situation of the enterprise
(2) Basic situation of the project
(3) Technical analysis of the project and subsequent products
(4) Enterprise financial status
(5) Market forecast and sales analysis
(6) Enterprise funds and repayment sources
(7) Safety assurance measures
(8) Basic risk assessment
(9) Other issues that need explanation
(10) Conclusion