A friend wants to get a loan in the name of your company, and mortgage his own property to get a loan. If your friend fails to repay, you need to bear the responsibility of repayment, and there is no exemption.
I. Mortgage loan, also known as "mortgage loan"
Refers to a loan method adopted by some national banks. The borrower is required to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan at maturity. Collateral is generally easy to preserve, wear and tear and sell, such as securities, bills, stocks, real estate and so on. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money after paying off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
Two. Measures for the administration of mortgage loans
In order to better support the development of agriculture, countryside and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. In order to safeguard the legitimate rights and interests of both borrowers and lenders, these measures are formulated in accordance with the relevant provisions of the state.
Article 1: Mortgage loan is a loan method in which the borrower is willing to use his or a third party's property as a guarantee when borrowing from the company. When the borrower fails to repay the loan principal and interest at maturity, the Company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
Article 2 Mortgage loans shall be handled in accordance with relevant state regulations, and mortgage loan contracts shall be signed on the basis of equal consultation.
Article 3: Scope of collateral: fixed assets (such as houses and other above-ground buildings, vehicles, machinery and equipment, etc.) with legal requirements and use value; Materials or property that can be circulated or transferred.
If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;
If a house with land use years is mortgaged, the mortgage period shall not exceed the remaining years after the used years minus the used years stipulated in the land use right transfer contract. Where a house is mortgaged, the right to use the state-owned land within the occupied area of the house shall be mortgaged at the same time.
How to get a mortgage loan for machinery and equipment
It is understood that machinery and equipment can apply for mortgage loans. However, the use of machinery and equipment for mortgage loans still depends on whether local banks can apply. It also depends on the value of machinery and equipment. The higher the value of machinery and equipment, the easier it is to apply for a mortgage loan.
To apply for a mortgage loan with machinery and equipment, the applicant needs to first find an appraisal company recognized by the bank to evaluate the machinery and equipment to be mortgaged and issue an appraisal report. After obtaining the appraisal report, the applicant can apply for mortgage loan.
In a word, whether the machinery and equipment can handle the mortgage loan normally and the loan amount depends on the market evaluation value of the equipment. However, banks in some areas do not accept mortgage loans for machinery and equipment, and borrowers need to consult in advance so as not to delay the normal handling of normal loans.
How to mortgage existing houses?
1. If an existing house wants to apply for a mortgage loan, the lender first needs to find a suitable lending institution, such as a commercial bank. Then apply for a loan from a lending institution and submit materials for review as required. After the approval, the mortgage is signed and the loan is finally issued.
However, not all houses can be mortgaged. Some houses obviously have no market value. In this case, the lending institution will not accept the lender's loan application. How many loans a lender can apply for is related to the value of the mortgaged house.
First, mortgage loan, also known as "mortgage loan". Refers to a loan method adopted by some national banks. The borrower is required to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan at maturity. Collateral is generally easy to preserve, wear and tear and sell, such as securities, bills, stocks, real estate and so on. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money after paying off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
Two. Measures for the administration of mortgage loans
In order to better support the development of agriculture, countryside and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. In order to safeguard the legitimate rights and interests of both borrowers and lenders, these measures are formulated in accordance with the relevant provisions of the state.
1. Article 1 A mortgage loan is a loan method in which a borrower is willing to use his own or a third party's property as a guarantee when borrowing money from a company. When the borrower fails to repay the loan principal and interest at maturity, the Company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
2. Article 2 Mortgage loans shall be handled in accordance with relevant state regulations, and mortgage loan contracts shall be signed on the basis of equal consultation.
3. Article 3 Scope of collateral: fixed assets (such as houses and other above-ground buildings, vehicles, machinery and equipment, etc.) with legal value and use value; Materials or property that can be circulated or transferred.
If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;
How to handle the mortgage loan of machinery and equipment
Machinery and equipment refers to devices made by people using mechanical principles. The definition of machinery and equipment in asset appraisal is different from that in natural science. The machinery and equipment under evaluation is a broad concept, including not only machinery and equipment, but also electronic equipment, electrical equipment, instruments and meters manufactured by people according to acoustic, optical and electrical technologies, including single equipment and combination of equipment.
With the development of banking business, more and more enterprises use machinery and equipment to mortgage loans to banks. The biggest difference in value between machinery and equipment and real estate is that machinery and equipment generally do not have value preservation, and will depreciate with the increase of service life, while real estate tends to appreciate and the possibility of depreciation is low. Moreover, compared with land, real estate and other real estate, machinery and equipment are easy to transfer, difficult to keep, the value changes greatly, easy to damage, and special equipment is difficult to dispose of, which makes its loan risk far greater than real estate mortgage loans. This paper analyzes the possible risks of machinery and equipment mortgage loan from the author's personal cognition.
1. Risks arising from choosing mortgaged machinery and equipment. Machinery and equipment can be divided into main production equipment (such as printing machines, injection molding machines, various automatic production lines, etc.) according to their importance and use in enterprise production. ), auxiliary production equipment (such as various industrial pumps and fans, etc.). ) and office equipment (such as computers and split air conditioners). ). Among them, the main production equipment has a relatively high value, which is not easy to transfer and damage, and is suitable for mortgage, while some secondary auxiliary production equipment and office equipment have a small value and are easy to depreciate, transfer and damage, which is not suitable for mortgage. However, in the assessment cases that I contacted for the purpose of mortgage, some loan companies entrusted all the machinery and equipment in their fixed assets accounts for assessment, and banks did not conduct screening when handling mortgage loans. When an enterprise defaults on its loan, when a bank applies to dispose of the collateral, it often finds that the secondary auxiliary production equipment and office equipment have either been transferred or are already broken and worthless, which makes the interests of the bank as a mortgagee unable to be guaranteed.
2. Risks arising from liabilities when enterprises purchase machinery and equipment. According to its acquisition method, the machinery and equipment in the fixed assets account of an enterprise may have the following situations: ① As the machinery and equipment invested by shareholders, the fixed assets are debited and the paid-in capital is credited in the financial treatment of the enterprise, and no liabilities are generated; (2) If the machinery and equipment purchased by the enterprise have been paid off, the fixed assets will be debited and credited to the bank deposit in the financial treatment of the enterprise, and no liabilities will be generated; (3) When an enterprise purchases machinery and equipment, but fails to pay for the equipment, it debits fixed assets and credits bank deposits and accounts payable in the financial processing of the enterprise, which will generate liabilities; (4), the enterprise from the parent company or subsidiary company dial in machinery and equipment, in the enterprise's financial processing debit fixed assets, credit accounts payable or other payables, will produce liabilities; ⑤ Debit the fixed assets-the fixed assets leased by financing, and credit the long-term payables-the machinery and equipment acquired by the enterprise through financing lease should pay the financing lease, which will generate liabilities; In the above five cases, the machinery and equipment obtained by enterprises through financial leasing have generally been mortgaged and are no longer suitable for mortgage loans. Although the machinery and equipment purchased by an enterprise without paying off the equipment payment and the machinery and equipment pulled by the enterprise from the parent company or affiliated company conform to the accounting system, it is not suitable for mortgage because of the liabilities incurred when the enterprise obtains it, especially when such equipment accounts for the majority. If the enterprise can't properly handle the problem of equipment payment, the legal proceedings initiated by these creditors will inevitably affect the business activities of the enterprise. Although banks have the priority to be compensated because these equipments have been mortgaged, after all, the purpose of bank loans is to obtain interest income, hoping for the smooth development of enterprises, and the difficulties in business operations will inevitably affect the interests of banks.
3. Risks caused by unclear ownership of machinery and equipment evaluation. Machinery and equipment are different from real estate, and there is no title certificate similar to real estate license. Therefore, when evaluating the machinery and equipment owned by the enterprise to be loaned, the appraisal company must confirm the ownership of these machinery and equipment by reviewing financial information (such as purchase contracts, invoices, customs declarations, payment vouchers, bank statements, fixed assets acceptance receipts, etc.). When enterprises acquire these machines and equipment. If the enterprise provides false financial information (such as false invoices), and the appraisal company fails to appraise the machinery and equipment that do not belong to the loan enterprise or the legal procedures are not perfect, then the loan issued by the bank based on such appraisal report will undoubtedly have great risks.
4. Risks arising from poor monitoring of machinery and equipment after mortgage. When an enterprise mortgages machinery and equipment to a bank, it needs to go to the industrial and commercial bureau for mortgage registration with invoices, customs declarations and other supporting materials when purchasing or importing machinery and equipment. Handling mortgage registration in the industrial and commercial bureau can prevent enterprises from maliciously changing their names and shareholders from evading debts. But unlike real estate, when the property rights of machinery and equipment change, there is no need to perform registration procedures. If the bank improperly supervises the collateral, the mortgagor will resell the equipment to others without authorization after handling the equipment mortgage registration, and the loan risk will occur.
5. Risks arising from the liquidation of machinery and equipment When an enterprise applies for a loan from a bank, we use replacement cost method, market comparison method and income method to evaluate the machinery and equipment owned by the enterprise. The evaluation results reflect the fair market value of machinery and equipment under the condition of continuous operation of the enterprise. No matter which evaluation method is adopted, there is a very important evaluation premise, that is, the enterprise continues to operate, ensuring that the machinery and equipment we evaluate can be well maintained and the new rate of machinery and equipment can be accurately calculated.
When an enterprise is poorly managed, insolvent and creditors apply for bankruptcy, the enterprise will generally fall into a state of suspension of production. Bankruptcy liquidation is a long process, and it takes one or two years, three or four years or even longer to go through the procedures of ruling bankruptcy, setting up liquidation group, declaration of creditor's rights, liquidation audit, evaluation of bankrupt assets and auction distribution of bankrupt assets. During this period, the machinery and equipment mortgaged to the bank has depreciated due to lack of maintenance and time factors, and the bank cannot ask for priority disposal because of the mortgage. Moreover, due to the requirement of forced quick liquidation at auction, the liquidation price method is adopted to evaluate the bankrupt assets of these machines and equipment at this time, and the evaluation result reflects the quick liquidation value, that is, the auction value. The premise and assumption of the evaluation is that all equipment sales are based on a single unit. At that time, local transactions were conducted, regardless of any unknown costs, such as installation and commissioning costs, transportation costs, etc. The buyer is responsible for the purchased equipment and bears risks. Fast liquidation value usually does not include added value, such as producible products, existing installation, manufacturing license, trademark, customer list, sustainable operation and other factors. When these machines and equipment are finally disposed of, the auction reserve price and the final auction transaction price at the time of disposal will be much lower than the evaluation price at the time of loan, even lower than the discount amount of the bank, so it is difficult to protect the interests of the bank.
In view of the above situation, lawyer Zeng Bingsheng believes that banks should choose reputable enterprises when accepting machinery and equipment mortgage, and choose the main production equipment of enterprises to mortgage, excluding secondary auxiliary production equipment and office equipment. At the same time, they should conduct necessary audit on the financial information of loan enterprises and strengthen relevant monitoring measures after handling mortgage loans. Collateral of loan enterprises entering bankruptcy liquidation procedures should be disposed of as soon as possible to minimize the disposal risk.
Problems needing attention in equipment mortgage loan
Legal risk: in the process of handling equipment mortgage loan, the property right of mortgaged assets can only be set as collateral if it belongs to a limited liability company. In practice, it is generally considered that it is invalid for a single shareholder or legal representative to agree to guarantee the company's assets, while the guarantee contract agreed by all shareholders is effective. Due to local differences, this uncertainty is great. If this personal secured mortgage loan has occurred, the corresponding procedures must be improved. If there is no agreement in the articles of association prohibiting external guarantee, it is necessary to complete the resolution of all shareholders' meetings of the mortgagor to agree to provide guarantee for this loan. If there is an agreement in the articles of association prohibiting external guarantee, other forms of secondary guarantee must be added.
Operational risk: ① When handling equipment mortgage loan, the scope of mortgaged equipment was not clear. For example, if highly specialized equipment and equipment with expired service life are set as collateral, it will be extremely difficult to realize it at the time of disposal, and it will be difficult to obtain a suitable price. (2) the equipment obtained by enterprise mortgage is also set as collateral. In fact, the equipment has been mortgaged, resulting in repeated mortgage of the equipment. ③ Regarding whether the collateral belongs to the mortgagor, there is no property right confirmation report in the operation, and there is a situation that Party A takes Party B's equipment as collateral. (4) In the process of mortgage loan, only on the basis of determining the legality of collateral can the loan be issued after mortgage registration.
Value risk: when handling equipment mortgage loan, the mortgage rate is generally set at 50%, ignoring the matching of depreciation rate and fixed number of years of equipment with the loan term. When handling equipment mortgage, the price of collateral is generally based on its original value, which is a fatal misunderstanding. If you bought a forklift with10.5 million yuan three years ago, you can apply for a mortgage loan of 75 thousand yuan according to the current operation mode, and the loan period is set at two years, and so on. Forklifts can only be sold as scrap metal. In addition, many devices have a certain service life, so when confirming the collateral, we must ensure that the loan expires within the service life of the device. In order to reduce losses, it should be noted that: ① the borrower has sufficient self-compensation ability. ② There are sufficient materials to prove that the mortgagor's guarantee intention is clear. (3) Commitment to handle the loan under the condition of determining the ownership of the collateral. (4) There must be a legal commitment that the mortgagor agrees to mortgage the equipment.