Annualized financing guarantee period
The guarantee period is generally agreed to be within two years after expiration. If it is not agreed, you can refer to Article 25 of the "Guarantee Law": The guarantee contract stipulates that the guarantor shall bear If the guarantee liability lasts until the principal debt principal and interest are repaid, or similar content, the agreement is deemed to be unclear, and the guarantee period shall be two years from the expiration date of the principal debt performance period.
Financing (financing) is a financial term, which refers to a business activity in which enterprises use various methods to raise funds from financial institutions or financial intermediaries based on their own operating conditions, capital status and development needs.
The common forms include bank loans, stock financing, bond financing, pawn financing and overseas financing, etc.
What is the guarantee period of the loan guarantor?
The guarantee period of the loan guarantor is generally agreed upon by the parties, and shall be subject to the agreement between the parties. If there is no agreement between the parties, the guarantee period shall be six months from the expiration of the main debt performance period. In private lending, the guarantee period of the guarantor is agreed by both parties. If there is no agreement, the guarantee period is up to six months. During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, if the creditor does not file a lawsuit or apply for arbitration against the debtor, the guarantor shall be exempted from the guarantee liability. If the person with the right to file a lawsuit or apply for arbitration has filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply during the guarantee period.
Article 692 of the "People's Republic of China and Civil Code" The guarantee period is the period during which the guarantor assumes the guarantee liability, and no suspension, interruption or extension will occur. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than the main debt performance period or expires at the same time as the main debt performance period, it will be deemed that there is no agreement; if there is no agreement or the agreement is unclear, the guarantee period will expire on the main debt performance period. six months from the date. If the creditor and the debtor do not agree on the main debt performance period or the agreement is unclear, the guarantee period shall be calculated from the expiration of the grace period in which the creditor requests the debtor to perform the debt.
What are the bank financing guarantees?
1. Bank fixed asset investment loan guarantee
Provide guarantee for enterprises to apply for bank fixed asset investment loans for new construction, expansion, renovation, development and equipment purchase. The loan guarantee period can generally be more than three years based on the actual situation of the enterprise.
2. Bank working capital loan guarantee
It is a guarantee provided for enterprises to apply for bank working capital loans to meet their temporary and seasonal capital needs in production and operation activities. According to the actual needs of the enterprise, working capital loan guarantees can be divided into:
Temporary working capital loan guarantees: the period is generally no more than three months, mainly for the temporary capital needs of the enterprise for one-time purchase or to make up for other expenses. Short-term loan guarantee support provided when payment funds are insufficient.
Short-term working capital loan guarantee: The term is generally between three months and one year, and it mainly provides guarantee for working capital loans for normal production and operation of enterprises.
Medium-term working capital loan guarantee: The term is generally between more than one year and within three years, and mainly provides guarantee for loans of funds regularly occupied by enterprises in their normal production and operations.
Working capital loan guarantee under the highest comprehensive credit line: the enterprise signs a one-time loan contract with the bank, and signs a one-time maximum guarantee contract with the guarantee company. During the validity period stipulated in the contract, the enterprise can withdraw funds multiple times, repay the loan one by one, and recycle the loan funds.
3. Bank bill guarantee
Guarantee provided for the discount business of bank bills (bank acceptance bills and letters of credit) under working capital. Bill discounting business refers to the behavior of the holder transferring the rights to the bill to the bank in order to obtain funds before the bill matures. The guarantee period generally ranges from three months to half a year.
4. Bank guarantee guarantee
It provides guarantee for enterprises to issue guarantee letters (including performance guarantees, advance payment guarantees, payment guarantees, bid guarantees, etc.) from banks.
5. Bank financing guarantee business for personal customers
Bank financing guarantee business for personal customers includes: car loan guarantee business, housing loan guarantee business, personal operating loan guarantee business, and personal consumption credit Guarantee business, etc.
The maximum period of a personal loan guarantor
The maximum period of a loan guarantor is six months. In private lending, the guarantor’s guarantee period is agreed upon by both parties. If there is no agreement, Yes, the warranty period is up to six months.
Legal basis: Article 692 of the "People's Republic of China and Civil Code" The guarantee period is the period during which the guarantor assumes the guarantee liability, and no suspension, interruption or extension will occur. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than the main debt performance period or expires at the same time as the main debt performance period, it will be deemed that there is no agreement; if there is no agreement or the agreement is unclear, the guarantee period will expire on the main debt performance period. six months from the date. If the creditor and the debtor do not agree on the main debt performance period or the agreement is unclear, the guarantee period shall be calculated from the expiration of the grace period in which the creditor requests the debtor to perform the debt.