Family guarantor needs to meet:
I. Conditions of Guarantor
1. The guarantor must be between the ages of 18 and 65; 2. Have good credit and no loans overdue record; 3. Willingness to repay the loan instead of the borrower. If the borrower fails to repay in full and on time, the guarantor is willing to repay on his behalf; 4 have a stable income, and can provide proof of asset income to ensure the ability to repay the loan instead of the borrower.
2. Documents required as a guarantor
1, ID card, household registration book, marriage certificate, etc.
2. Warrants of collateral, such as real estate license.
3. Personal income certificate and work certificate, etc.
The creditor, the debtor and the guarantor shall sign a guarantee contract.
The loan guarantor refers to the behavior 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.
Is the bank loan guarantor effective for one spouse?
Legal analysis: it has no legal effect. 1. The loan guarantor needs to be signed by both husband and wife, because if the guarantee is based on the family property of both husband and wife, it must be agreed by both parties, and one party's signature cannot be established. 2. As for the consequences, it is necessary to know whether the loan guarantor guarantees in the form of general guarantee or joint and several liability guarantee. The difference between them is as follows: (1) The parties agree in the guarantee contract that when the debtor fails to perform the debt, the guarantor shall bear the guarantee responsibility, which belongs to the general guarantee. 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. (2) If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. 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.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
Article 682 A suretyship contract is an accessory contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
Article 683 A legal person organ shall not act as a guarantor, except for the use of loans from foreign governments or international economic organizations with the approval of the State Council. A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.
Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Can husband and wife guarantee each other loans?
In the loan application, couples are not allowed to guarantee each other.
Because both husband and wife have the right to enjoy and control family property, if husband and wife guarantee each other, it means that the applicant guarantees for himself, which forms a false guarantee and is invalid. But husband and wife can be co-payers, and they can find parents, brothers and sisters, friends and others.
The guarantee period of a bank loan guarantor is generally determined according to the contract. If there is no agreement in the loan contract, the guarantee period shall be six months from the due date of the principal debt.
According to the provisions of Article 25 of the Guarantee Law of People's Republic of China (PRC), if the guarantor and the creditor of a general guarantee have not agreed on the guarantee period, the guarantee period shall be six months from the date when the performance period of the principal debt expires.
If the creditor fails to bring a lawsuit against the debtor or apply for arbitration during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
The loan guarantor shall meet the following conditions:
1. The funds involved in this case only have a guarantee relationship;
2. Have a legal and stable source of income and the right to personal freedom;
3. Have the ability to repay the loan;
4. Institutions and social organizations aiming at public welfare shall not act as guarantors.
5, retirees can not guarantee, foreign loans can not guarantee;
6, state organs can't guarantee for others.
Extended data:
Responsibility of the loan guarantor:
1. If the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
2. During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope; If there are other provisions in the guarantee contract, such provisions shall prevail.
3. During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer bear the guarantee responsibility for the debt transferred without his consent.
4. If the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility; If there are other provisions in the guarantee contract, such provisions shall prevail.
5. If the guarantor of general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be 6 months from the date of the expiration of the main debt performance period.
6. If the creditor fails to file a lawsuit or apply for arbitration with the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
7. 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 require the guarantor to assume the guarantee responsibility within 6 months from the date of expiration of the independent debt performance period.