Guaranteed loan is a loan form in which the guarantor guarantees the borrower to repay the principal and interest of the loan on time with his own funds and legal assets. If the borrower fails to repay the debt at maturity, the guarantor will fulfill the guarantee obligation. Secured loans provide credit fund support for customers' production and business activities. The currencies are mainly RMB and USD; The longest loan period shall not exceed 7 years, of which the grace period of the loan shall not exceed 3 years. (1) About the topic. Pay special attention to the qualifications of the guarantor when signing a guaranteed loan contract. Generally speaking, subjects with social welfare nature and subjects who cannot bear civil liability independently shall not be used as guarantors. (2) Ensure the signing of the contract. In practice, there are several ways to sign a guarantee contract: the guarantor and the lender sign a written guarantee contract; The guarantor signs or seals the loan contract, indicating that he is willing to undertake the guarantee responsibility; The Guarantor separately issues a written guarantee to the Lender. (3) the responsibility of the guarantor. Warranty can be divided into general warranty and joint liability warranty.

legal ground

Article 387 of the Civil Code of People's Republic of China (PRC) Scope of Application of Security Interests Countersecured creditors may set up security interests in accordance with the provisions of this Law and other laws in order to guarantee the realization of their creditor's rights in civil activities such as lending, buying and selling. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.