1. Can a company be a guarantor?
The company can be a guarantor, but it needs to meet certain conditions.
Requirements for a company to become a guarantor:
Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting.
Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.
Second, the guarantee contract
The loan mortgagor _ _ _ hereinafter referred to as Party A;
The mortgagee of the loan is _ _ _ _, hereinafter referred to as Party B. ..
Party A applies for a loan from Party B in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Both parties agree through consultation that under the condition that Party A mortgages all its _ _ _ _ _ (hereinafter referred to as Party A's collateral) to Party B, Party B will provide Party A with the loan amount agreed by both parties ... During the loan period, Party A has the right to use the collateral, and Party B will have the ownership of the collateral before Party A pays off the loan principal and interest. Therefore, this contract is specially concluded:
Article 1 loan content
1. Total loan amount: RMB Yuan only.
2. Purpose of the loan: This loan can only be used for the needs of _ _ _ _ _ _, and shall not be used for other purposes or illegal activities.
3. Term of the loan:
Under the above total loan amount, this loan can be audited by stages or by stages. Therefore, the amount and duration of each loan should be agreed by both parties. From the second loan, there must be a new mortgage loan contract signed and sealed by both parties and their legal representatives, and one of them shall be sent to the Notary Office for notarization. As an integral part of this contract, it has the same legal effect as this contract.
The term of the first loan is _ _ months, that is, from _ _ _ _ to _ _ _.
4. Loan interest rate: The loan interest rate and interest-bearing method shall be implemented in accordance with the regulations of Bank of China.
5. Loan withdrawal:
Whether each loan is withdrawn at one time or in installments shall be decided by both parties. Party A shall notify Party B _ _ days in advance of each withdrawal, and it can only be used after it is reviewed and approved by Party B's credit department.
The first loan is drawn in _ _ installments.
Step 6 repay the loan
Party A guarantees to voluntarily repay the loan principal and interest on schedule within the loan period agreed in each contract. The source of funds for Party A to repay the loan is the company's production and operation and other income. If Party A requests to repay the loan from other channels, it must be approved by Party B. ..
The final repayment date of the first loan is _ _ _ _.
7. This contract shall continue to be valid under the condition that Party B agrees to delay repayment by Party A. ..
Article 2 Guarantees
1. Name of collateral: _ _ _ _.
2. Manufacturer: _ _ _ _.
3. Model: _ _ _ _.
4. Number of pieces: _ _ _ _.
5. Single piece: _ _ _ _.
6. Location: _.
7. Total invoice amount of collateral: _ _ _ _.
8. Mortgage term: years (or: from the effective date of this loan contract until Party A pays off all the loan principal and interest related to this contract).
Article 3 Obligations of both parties
1. Obligations of Party B:
(1) The mortgage deed submitted by Party A shall be properly kept and shall not be lost or damaged.
(2) After Party A pays off the due loan, it shall hand over all the ownership certificates of the collateral to Party A..
2. Party A's obligations:
(1) actively repay the principal and interest in strict accordance with the time stipulated in the contract.
(2) Ensure that the collateral is not affected by Party A's bankruptcy, asset division and transfer during the mortgage period. If Party B finds that Party A's collateral violates this clause, Party B shall notify Party A to immediately correct or terminate the loan under this contract and recover all the loan principal and interest.
(3) Party A shall reasonably use _ _ _ _ as collateral, and shall be responsible for the operation, repair, maintenance and related taxes and fees of the collateral.
(4) If the collateral is damaged intentionally or negligently, Party A shall provide Party B with new collateral within 65,438+05 days. If Party A fails to provide new collateral or guarantee, Party B has the right to reduce the loan amount accordingly, or terminate this contract and recover the loan principal and interest.
Article 4 Liability for breach of contract
1. If Party B fails to pay the loan as agreed in the contract due to its own responsibility, thus causing economic losses to Party A, Party B shall be liable for breach of contract.
2. If Party A fails to use the loan as stipulated in the loan contract, once found, Party B has the right to recover part or all of the loan in advance, and impose a penalty interest of% on the misappropriated loan based on the original loan interest rate.
3. If Party A fails to repay the principal and interest on schedule, or commits other breach of contract, Party B has the right to stop the loan and ask Party A to repay the principal and interest of the loan in advance. Party B has the right to deduct it from the account opened by Party A in any bank, and add _ _% interest on overdue loans according to the loan interest rate from the due date.
4. If Party A fails to repay the principal and interest on schedule, Party B may also apply to the people's court with jurisdiction to auction the collateral to offset the loan principal and interest. If the compensation is insufficient, Party B still has the right to recover from Party A until Party A pays off all the loan principal and interest of Party B. ..
Article 5 Other provisions
1. Party B has the right to inspect and supervise the use of the loan, and Party A shall provide relevant statements and materials to Party B..
2. If either party requests to change this contract or a clause in this contract, it shall notify the other party in writing in advance, and the clauses in this contract will remain valid until both parties reach an agreement.
3. The written materials related to this contract, such as loan application, loan voucher, payment and repayment plan, provided by Party A, are integral parts of this contract and have the same legal effect as this contract.
Article 6 The expenses related to this contract shall be borne by Party B..
All expenses related to mortgage evaluation, registration and certification shall be borne by Party A. ..
Article 7 Conditions for the entry into force of this Contract
This contract is a creditor's right document notarized by _ _ _ _ _ _ _ _ _ _ _.
It shall come into effect as of the date when the notarial certificate is issued, and the notarial fee shall be borne by Party A. ..
Article 8 Settlement of disputes
In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, both parties agree to arbitrate by an arbitration commission (if both parties have not agreed on an arbitration institution in this contract and have not reached an arbitration agreement afterwards, they may bring a lawsuit to the people's court).
This contract is made in triplicate, one for each party and one for the notary office.
Party A: _ _ _ _ (seal)
Party B: _ _ _ _ (Seal)
Place of conclusion _ _.
Third, as a guarantor, does the spouse have to sign it?
As a guarantee, the spouse does not have to sign. When the parties sign the guarantee agreement, it means that they have recognized the guarantee agreement and it has come into effect. If the guarantor must bear joint and several liability for repayment, he can only repay it with the party's own property when he needs to bear joint and several liability for repayment.
A guarantor can be a legal person, an organization or a citizen, and can become a guarantor if he meets five conditions such as ability. Be careful when vouching for others. The court will not support a guarantor who cannot go back on his word.