Guarantee is risky, so be careful! In life, many people are guarantors for others out of kindness, but in the end they become "scapegoats" because lenders are unable to repay loans, and they must help lenders repay them. So, how can the guarantor avoid the risk of guarantee liability?

1. The lender may be required to provide counter-guarantee.

As a guarantor, when providing a guarantee for the lender, the guarantor may require the lender to provide a counter-guarantee to ensure the interests of the guarantor. In life, when banks, guarantee companies and other financial institutions provide guarantees for lenders, almost everyone will ask for counter-guarantees. Now more and more people ask guarantors to provide counter-guarantees.

2. Fully understand the credit qualification of the lender.

Usually, the poor credit judgment of the lender comes from the contact between the guarantor and him. However, it can also be investigated by acquaintances or friends around the guarantor to get a comprehensive understanding.

3. Is the lender able to repay the loan?

Before making a guarantee, we must first examine whether the lender has the repayment ability. The repayment ability of the lender specifically refers to whether the property ownership belongs to the lender and whether the property is mortgaged to others. Secondly, it is necessary to examine how much the lender is in debt.

4. Try to give priority to joint and several liability guarantee.

Try to give priority to with general guarantee. General guarantee means that the guarantor can refuse to undertake the guarantee responsibility to the lender before the contract is tried or arbitrated and the lender's property is not enforced according to law. Joint and several liability guarantee, once the guarantor fails to perform the debt within the time limit, the creditor may ask the guarantor or the guarantor to bear the responsibility, and the guarantor shall not shirk the guarantee responsibility for any reason.

Whether private lending is safe and how to avoid the risks of private lending.

Legal private lending is protected by law. The so-called legal private lending must first refer to lending between individuals or between individuals and enterprises on a voluntary basis. Inter-enterprise financing does not belong to this category. Therefore, from a certain perspective, private lending is safe.

Risk can be avoided by the following methods:

1. Find out the purpose of the loan, the lender's credit standing and assets, and don't lend large sums of money to the lender easily.

2. Ask the lender to issue an IOU indicating the date of return. If it is extremely small, of course, it is not necessary, but it is best to have a third person to prove it.

3. Provide corresponding guarantee. Including the guarantee and mortgage of a reputable third party.

Legal basis:

Provisions on several issues concerning the application of law in the trial of private lending cases

Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.

Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.

Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors.

Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

How do enterprises avoid the risks brought by bank loans?

When enterprises choose bank loans, it is important to choose appropriate loan types, borrowing costs and borrowing conditions. In addition, they should avoid risks from the following aspects:

1. Banks have different policies on their loan risks, and some tend to be conservative and are only willing to bear smaller loan risks; Some are pioneering and dare to take on greater loan risks.

2. Bank's attitude towards enterprises: Different banks have different attitudes towards enterprises. Some banks are willing to actively provide advice to enterprises, help analyze the potential capital problems of enterprises, and provide good services, and are willing to issue a large number of loans to enterprises with development potential to help enterprises tide over difficulties when they encounter difficulties; Some banks rarely provide consulting services, and when they encounter difficulties, they put pressure on enterprises to pay off their loans.

3. Special procedures for loans: Some big banks have different specialized departments to handle loans of different types and industries. Enterprises will benefit more from cooperation with these banks with rich professional loan experience.

4. Stability of banks: A stable bank can guarantee that the loans of enterprises will not change in the middle. The stability of a bank depends on its capital scale, fluctuation of deposit level and deposit structure. Generally speaking, the capital is abundant, the fluctuation of deposit level is small, and the stability of time deposits is better than that of major banks, and vice versa.

How to identify and avoid the risk of empty loans

Empty loan means that the lender uses the loan for non-scheduled purposes, such as buying stocks and real estate. There is great risk in this practice, because the lender cannot guarantee the repayment of the loan that is not intended for use, and at the same time, it cannot guarantee that the lender can repay the loan on time. Therefore, it is very important for lending institutions to identify and avoid the risk of empty loans. Here are some ways to identify and avoid the risk of empty loans:

1. Understand the purpose of the borrower. In the process of loan approval, the lending institution shall require the borrower to explain the purpose of the loan in detail and verify its authenticity. If it is found that the borrower is used for non-intended purposes, it shall refuse to approve or adjust the loan amount.

2. Monitor the borrower's capital flow. Lending institutions should regularly monitor the cash flow of borrowers, especially those with higher risks. If the borrower's capital flow is found to be inconsistent with expectations, it should be investigated in time and corresponding measures should be taken.

3. Strengthen risk management measures. Lending institutions should strengthen risk management measures, such as setting loan limits and deadlines and requiring borrowers to provide guarantees. These measures can reduce the risk of empty loans.

4. Establish a risk management system. Lending institutions should establish a sound risk management system, including risk assessment, risk control and risk monitoring. These measures can help lending institutions to better identify and avoid the risk of empty loans.

In short, identifying and avoiding idle loan risks requires lending institutions to take various measures, including understanding the purpose of borrowers, monitoring the flow of funds, strengthening risk management measures and establishing a risk management system. This can ensure the safety of the lending institutions' funds and provide better services for borrowers.

The introduction of how to avoid loan risks and how to avoid post-loan risks ends here. I wonder if you have found the information you need?