Any loan guarantor of a bank or credit union. His responsibilities and obligations, not general guarantees. He played a joint relationship. If it is due, the lender will not pay. The guarantor has the responsibility to repay the loan for him. Because you are the loan guarantor.
Two, rural credit cooperatives loan guarantor is a general guarantor or a joint guarantor?
It depends on what kind of guarantee you signed at that time. There are two kinds of guarantee: general guarantee and joint guarantee.
During the warranty period, you should be responsible for compensation.
Guarantees are divided into general guarantees and joint guarantees;
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.
Article 18 Where 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 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 method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
Article 25 If the guarantor of a general guarantee and the creditor have not agreed on a guarantee period, the guarantee period shall be six months from the date when the performance period of the principal debt expires.
Article 26 If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to ask the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period.
3. What kind of guarantee does the rural commercial bank guarantor generally have?
As a guarantor, the basic condition is that the guarantor needs to have the ability to provide guarantee (property, credit).
(1) The loan object is a natural person with full civil capacity.
(2) Having urban permanent residence or valid residence status requires the borrower to have legal status.
(3) Have a stable occupation and income, good credit and the ability to repay the loan principal and interest.
(4) There are some differences in down payment requirements among banks.
(5) There are assets recognized by the lender as collateral or pledge, or units or individuals that meet the prescribed conditions and have compensatory ability as guarantors to repay the principal and interest of the loan and bear joint and several liabilities.
(six) there is a purchase contract or agreement.
(7) Other conditions stipulated by the lender.
4. What materials does the guarantor need to prepare for the loan from the rural commercial bank?
The following conditions need to be met:
1. A citizen of China who has a fixed residence at the place where the loan bank is located, is under 65 years of age (inclusive) and has full capacity for civil conduct;
2. Have a proper occupation and stable ability;
3. Have a good credit record and willingness to repay, and no bad credit record;
4. Being able to provide legal, effective and reliable guarantee recognized by the bank;
5. There is a clear loan purpose, and the loan purpose is clear.
6. Other conditions stipulated by the bank.
First, establish a credit relationship.
To apply for a bank to establish a credit relationship, the enterprise must apply in duplicate. After receiving the application submitted by the enterprise, the bank shall appoint a loan officer to investigate. The survey contents mainly include:
(1) Relevant conditions necessary for an enterprise to be qualified as a legal person. Enterprises with legal personality should check whether the actual business scope is consistent.
(2) the independence of enterprise management. Enterprises account for profits and losses, and have independent financial plans and accounting statements.
③ Whether the enterprise and its main products belong to the development sequence of national industrial policy.
(4) the efficiency of enterprise management. Relevant rules and regulations of the enterprise; The present situation and trend of financial performance.
⑤ Rationality of the use of enterprise funds. Whether the working capital and fixed capital of the enterprise are managed separately; Whether the occupation level and structure of working capital are reasonable, whether it is squeezed or misappropriated.
6. New and expanded enterprises. Whether the expansion capacity is increased by 0%. If there is a temporary shortage, have you made a plan to make up for it in the short term?
After investigating and understanding the above situation, the loan officer shall write a written report and sign an opinion on whether to establish a credit relationship, and submit it to the director of the department (unit) and the president (director) for approval step by step. After the president (director) agrees to establish a credit relationship with the enterprise, both banks and enterprises shall sign a contract to establish a credit relationship.
Second, apply for a loan.
Enterprises that have established credit relations may apply for bank loans according to the reasonable liquidity demand in the process of production and operation. [Application for Working Capital Loan of Industrial Production Enterprise]. Please carefully review the bank according to the credit scale approved by the state and the superior bank.
Third, loans.
Main contents of loan review
(1) Use the loan directly. In line with the working capital loans of industrial enterprises to support the purchase of goods to pay for goods; Submit notes payable; Advance payment approved by the bank; Special loans are used according to the prescribed purposes; Other purposes that meet the requirements.
(2) the level and structure of enterprise management, consumption, storage, product supply, production and sales; Credit status; Economic benefits, etc.
(3) the implementation of the enterprise's potential tapping plan, liquidity acceleration plan and liquidity supplementary plan.
④ The development prospect of the enterprise. It mainly refers to the development prospect of the industry to which the enterprise belongs, the development direction of the enterprise, the product structure, life cycle and new product development ability, the practical work ability of the main leaders, the management decision-making level and the pioneering and innovative ability.
⑤ Debt capacity of enterprises. Mainly refers to the actual amount of the enterprise's own liquidity and current assets and liabilities. Generally, it can be analyzed by two indicators: the proportion of self-owned liquidity to total liquidity and the debt ratio of current assets of enterprises.
Sign a loan contract.
A loan contract is an agreement that the lender will deliver a certain amount of money to the borrower for use according to the agreed purpose, and the borrower will repay the principal and interest at maturity. This is an economic contract. The loan contract has its own characteristics. The object of the contract is currency, and the lender is generally a national bank or other financial institution. The loan interest is stipulated by the state, and the parties cannot agree at will. The parties reached an agreement on the main terms of the loan contract after consultation according to law. An application is made by the borrower, and a loan contract can be signed after the lender has approved it.
The loan contract shall have the following clauses:
① loan type; (2) the purpose of the loan; ③ loan amount; (4) loan interest rate; (5) Term of the loan; (five) the source of repayment funds and repayment methods; ⑦ Guarantee clause; 8. Liability for breach of contract; Pet-name ruby other terms agreed by both parties.
The loan contract must be signed and sealed by the representatives of both parties or the agents authorized by the legal representatives.
Verb (abbreviation for verb) gives bank loans.
After an enterprise applies for a loan, both banks and enterprises should sign relevant loan contracts according to the types of loans. When signing the contract, you should pay attention to the accuracy of the project, the clarity and neatness of the text, and you must not alter it; The official seals of the borrower, lender and guarantor and the signature of the legal representative are complete and correct. The borrower opened an iou. A loan receipt is a written loan certificate, which can be signed at the same time as the loan contract, or it can be signed at one time or in installments within the amount and effective time stipulated in the contract. Bank managers should carefully examine and check whether the contents of the loan application are correct and consistent with the loan contract. After the loan application is verified correctly, fill in the Notice of Loan Issuance, and the letter clerk, department (unit) head "two signatures" or the president (director) "three signatures" will send it to the bank accounting department to handle the loan transfer to the borrower's account. After the loan application form and the loan issuance notice are recorded by the accounting department, the last copy is returned to the credit department as a voucher for registering the loan account.