Section 4 Loan Guarantee Analysis

(4) Guarantor Qualifications and Conditions

1. Guarantor Qualifications

my country's "Guarantee Law" The qualifications of guarantors are clearly stipulated. Only legal persons, other organizations or citizens who have the ability and willingness to perform debts on behalf of the debtor can serve as guarantors.

As a guarantor, you must not only meet the above two requirements, but also be subject to the following conditions:

①The "Guarantee Law" stipulates that state agencies are not allowed to serve as guarantors, but must be approved by the State Council Except for those who are guarantors for specific matters.

② The "Guarantee Law" prohibits the government and its departments from requiring banks and other financial institutions or enterprises to provide guarantees for others, and further stipulates that banks and other financial institutions or enterprises shall not require the government and its departments to provide guarantees for others. The act of providing guarantee has the right to refuse.

③The "Guarantee Law" stipulates that hospitals, schools and other public institutions and social groups for the purpose of public welfare are not allowed to serve as guarantors; A guarantee contract that provides a guarantee is invalid, and the hospitals, schools and other public institutions or social groups that provide the guarantee will also bear corresponding civil liability for the fault of providing the guarantee.

④ The "Guarantee Law" stipulates that branches or functional departments of an enterprise legal person cannot serve as guarantors. If a branch of an enterprise legal person has written authorization from the legal person, it can provide guarantee within the scope of authorization.

2. Guarantor evaluation

(1) Review of the guarantor’s qualifications

① Those recognized by commercial banks as having strong repayment capabilities and no major claims The following units and individuals involved in debt disputes can be accepted as guarantors

Financial institutions;

Enterprise legal persons engaged in production and business activities that comply with national laws and regulations;

Engaged in Legal persons operating business activities;

Other economic organizations;

Natural persons.

②Commercial banks cannot accept the following units as guarantors

State agencies, except those approved by the State Council for on-lending using loans from foreign governments or international economic organizations;

< p>Public institutions and social groups for public welfare purposes, including schools, kindergartens, hospitals, academies of sciences, libraries, radio stations, television stations, etc.;

Without or exceeding the written authorization of the corporate legal person The scope provides guarantee to the branches of the corporate legal person;

The functional departments of the corporate legal person.

(2) Evaluate the guarantor’s compensatory capacity

Guarantors who meet the subject qualification requirements should be evaluated for their compensatory capacity.

(3) Analysis of the guarantor’s guarantee limit

The guarantor’s guarantee limit refers to the guarantor’s credit risk limit calculated based on the customer credit rating method minus the guarantor’s liability to the commercial bank (including or debt).

(4) Calculation of guarantee rate

After calculating the guarantee limit, the guarantee rate should also be calculated. The adequacy of the guarantee guarantee is further measured by calculating the guarantee ratio. The formula for calculating the guarantee rate is:

Guarantee rate = applied for guaranteed loan principal and interest/acceptable guarantee limit × 100%

(5) For those who meet the conditions of a guarantor after evaluation, a " "Commercial Bank Guarantee Evaluation Report" shall be submitted to the evaluation examiner together with the credit approval materials.

(5) Loan guarantee risk analysis

1. Main risk factors of loan guarantee

(1) The guarantor does not have the guarantee qualification

< p>　(2) The guarantor does not have the guarantee capacity

　(3) False guarantor

　(4) Company mutual insurance

　(5) The guarantee procedures are incomplete , the guarantee contract creates legal risks

(6) The statute of limitations has expired, and the loan loses the right to win the lawsuit

2. Risk prevention of loan guarantees

(1) Underwriting

Verified guarantee is referred to as "underwriting", which refers to verifying that the guarantee provided by the guarantor is reached on the basis of the voluntary principle and is an expression of the guarantor's true intention. A compulsory guarantee renders the guarantee contract invalid. If a commercial bank accepts a corporate legal person as a guarantor, it must verify and verify the following points:

① The authenticity of the signatures and seals of the legal person and the legal representative. The person signing the guarantee contract must be the person authorized to sign or the manager Authorized signatories must guard against counterfeit or forged signatures.

② Whether the guarantee issued by the enterprise legal person complies with the purpose or business scope stipulated in the legal person's articles of association. If it is stipulated that it cannot be guaranteed to external parties, commercial banks cannot accept it as a guarantor.

③The guarantee provided by the corporate legal person of a joint stock company or a limited liability company requires the approval of a board of directors resolution or the approval of the shareholders' meeting. Commercial banks should not be accepted as guarantors without the consent of the above-mentioned institutions.

④ The guarantee provided by the corporate legal person of a Sino-foreign joint venture or cooperative enterprise must submit the resolution and authorization letter issued by the board of directors agreeing to the insurance, a sample signed by the board members, and a certificate issued by a Chinese certified public accountant firm. Capital verification report or capital contribution certificate.

⑤ Two people must go together for underwriting, especially for companies that establish credit relationships for the first time, and the system of two people on-site underwriting should be emphasized. One person may be deceived by the guarantor, or collude with the company to issue a false guarantee, but two people can act as a restraint.

⑥The underwriter must witness the guarantor’s signature and seal on the guarantee document, and prepare a verification letter and keep it with the bank for reference. If necessary, the underwriting work can also be left to a lawyer.

(2) Sign the guarantee contract

①The form of the guarantee contract. The guarantee contract must be concluded in writing to clarify the rights and obligations of both parties.

②Guarantee the way the contract is concluded.

③Guarantee the contents of the contract. It should include the type and amount of the principal claim (loan) being guaranteed, the term of the loan, the method of guarantee, the scope of the guarantee, the period of guarantee and other matters that both parties deem necessary to agree upon.

(3) Post-loan management

After the bank completes the guaranteed loan procedures and issues the loan, it needs to pay attention to the following links that are prone to problems:

① The guarantor’s Whether the operating conditions have deteriorated or whether its debts have increased, including borrowing from banks or providing guarantees to others.

② Any change in the loan contract negotiated between the bank and the borrower must be approved by the guarantor, otherwise the guarantee may be invalid.