At any time, the risk of the guarantor is very great. First of all, we need to find out what is a guarantee and guarantor from the relevant chapters of the Guarantee Law of People's Republic of China (PRC); And the way to ensure it. Article 6 The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement. Article 7 "A legal person, other organization or citizen who has the ability to pay off on behalf of him may act as a guarantor." Article 16 "The ways of guarantee are: (1) general guarantee; (2) Joint and several liability guarantee. " Article 17 "If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) the debtor's domicile changes, and it is difficult for the creditor to ask him to perform his debts; (2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure; (3) The guarantor waives the rights stipulated in the preceding paragraph in writing. " Article 18 "If the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of the joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. " Article 19 "If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee." It is not difficult to see from the above terms that no matter what form of guarantee, once the guaranteed debtor has economic panic, the guarantor will bear the risk of repaying the debt for the guaranteed.

Second, what conditions does a personal secured loan need for the guarantor?

Procedures required for personal loan guarantor:

For personal guarantee, the following information shall be provided:

The identity of both husband and wife;

Occupation and income information of husband and wife (work certificate, bank driving license, etc. );

Certificate of fixed place (real estate gas and other documents);

Personal bank credit information inquiry system;

Notarization.

For enterprise guarantee, the following information shall be provided:

Original and photocopy of business license, original and photocopy of tax registration certificate (national tax and local tax), organization code certificate, public ID card, loan card (annual inspection) and credit certificate;

Shareholders' consent;

Financial statements: financial statements at the end of last year and the last three months (with audit reports). Including balance sheet, income statement, cash flow statement and bank statement (with bank seal);

Special industries need to provide EIA data (EIA report, pollutant discharge permit).

3. What are the procedures for being a loan guarantor?

First of all, let's talk about the documents that the loan guarantor needs.

1. The loan guarantor shall provide the original and copy of his second-generation ID card;

2. The loan guarantor needs to print his salary details through the bank, or have other evidence to prove that he has a stable income and submit it to the borrower;

3. The loan guarantor needs to fill in the guarantee commitment letter, indicating that he is willing to provide guarantee for the borrower's loan with his own property and fulfill the guarantee obligation;

4. If the goods are mortgaged to the lender when providing guarantee, the guarantor or mortgagor is required to provide proof of ownership relationship with the mortgaged property.

Secondly, for the guarantor, the guarantor has certain conditions when providing guarantee.

1. The guarantor must be a natural person with full capacity for civil conduct, aged 18 years old and under 65 years old;

Second, the guarantor has a fixed residence or habitual residence in the place where the guarantee is provided, and must have a legal status;

Third, good credit, no record of breach of contract, personal freedom and political freedom;

Fourth, it has sufficient ability to fulfill its guarantee obligations, has a stable source of income, and can repay the principal and interest in full and on time.

4. What are the requirements of the secured loan for the guarantor?

Legal analysis: the loan guarantor needs to meet the following conditions: 1, full capacity for civil conduct; 2. Have permanent residence and permanent residence in the local area; 3. Ability to perform guarantee obligations; 4. If there is no obvious record of breach of contract, the guarantor and the creditor shall conclude a guarantee contract in writing.

Legal basis: Article 68 1 of the Civil Code of People's Republic of China (PRC) is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the guarantor will perform the debt or assume the responsibility.

Article 683 of the Civil Code of People's Republic of China (PRC) * * * A legal person organ may not act as a guarantor, except for loans to foreign governments or international economic organizations approved by the State Council.

A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.