1. Bank loan notarization
Legal analysis: Loan notarization refers to the authenticity of the loan act and the legal documents and procedures involved by the national notary agency based on the application of the parties. Activities that demonstrate legality. The bond notarization has the effect of enforcement. When the parties fail to perform, the creditor can directly apply to the people to force the debtor to perform. Notarization is also a formal requirement for the validity of certain legal acts. According to relevant laws and regulations, notarization must be completed before it can be legally effective.
Legal basis: Article 37 of the "Notarization Law of the People's Republic of China" For a notarized creditor's rights document that contains payment as its content and states that the debtor is willing to accept enforcement commitments, the debtor fails to perform or If the performance is inappropriate, the creditor may apply to the people with jurisdiction for execution in accordance with the law. If there is indeed an error in the creditor's rights document specified in the preceding paragraph, the people's ruling shall not be enforced, and the ruling shall be served on both parties and the notary agency.
2. Do bank loans require notarization fees? How much do I need to pay?
1. How much are the notarization fees for bank loans?
The notary fees for bank loans are for each notary office. The price, that is, the notary fee, mainly depends on how the local justice department and notary office charge it, and each bank is different.
Charged according to the following standards:
For amounts below 20,000, the charging rate is 1%.
0.8% is charged for the amount from 20,001 yuan to 50,000 yuan.
0.6% is charged for the amount from 50,001 yuan to 100,000 yuan.
0.5% will be charged for the amount from 100,001 yuan to 500,000 yuan.
0.4% is charged for the portion from RMB 500,001 to RMB 1,000,000.
0.3% will be charged for the amount from 1,000,001 yuan to 2,000,000 yuan.
0.2% will be charged for the portion from RMB 2,000,001 to RMB 3,000,000.
0.1% will be charged for the portion from RMB 3,000,001 to RMB 4,000,000.
0.05% will be charged for the amount above RMB 4,000,001.
2. Notary fees
Notarization fees are charges for notarization services for proving civil agreements, proving adoption relationships, proving legally significant facts, and proving legally significant documents. Each province, The price departments of autonomous regions and municipalities directly under the Central Government may determine the specific charging standards implemented in the region within the prescribed charging range based on the actual conditions of the region, and report them to the State Planning Commission for filing. For accepted notarization matters, if the applicant requests to withdraw, a handling fee may be charged. If the notarization matter has not been reviewed, 10 yuan will be charged for each case; if the notarization matter has been reviewed, 50% of the charging standard for the notarization matter will be charged.
3. Can pre-marital property notarization be performed on a loaned house?
Pre-marriage notarization can be done.
Personal housing commercial loan procedures and processes
1. Basic conditions for commercial housing mortgage loans
1. The borrower has a stable career and income, and has good credit. Have the ability to repay the principal and interest of the loan;
2. The house purchased is located in a town (including urban area, county town, large market town) and is in principle the borrower's current residence, place of work or business;< /p>
3. The "Commercial Housing Sales Contract" has been signed with the developer, and the down payment ratio specified by the bank has been paid based on personal credit conditions, with a minimum of 30% or more;
4 , The loan amount is determined based on the borrower's credit situation, occupation, education, repayment ability, and the ability to liquidate the purchased house.
5. Agree to go through the mortgage registration for the pre-purchased commercial house first, and promise to use the purchased house as a loan mortgage and re-register the mortgage after the purchased house is completed and the real estate certificate is obtained;
< p>2. Required information1. Original and 3 copies of the applicant’s and spouse’s ID cards and household register (if the applicant and his spouse do not belong to the same household, additional proof of marriage relationship is required) ;
2. The "Commercial Housing Sales Contract" signed between the home buyer and the company;
3. The original and a copy of the receipt for the advance payment of 30% or more of the house price;
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4. Proof of income of the home buyer (provided by the bank and placed at the sales office);
5. If the borrower is a legal person, he must bring a valid "Enterprise Legal Person Business License" or "Public Legal Person License" 》, legal representative identity certificate, financial statements, loan card.
If it is a joint-stock enterprise, it is also necessary to provide the company's technical charter and the mortgage certificate approved by the board of directors;
6. A copy of the developer's collection account number.
4. Why bank loans need to be notarized
Legal analysis: Because of the large number of loan legal risks, it has become a prominent problem plaguing the banking industry. The implementation of notarization and loans is to minimize the legal risks of loans. When risks arise in loans, notarization of creditor's rights documents and the enforcement effect can be directly applied for enforcement without going through litigation procedures, which greatly improves the bank's ability to recover non-performing loans. Loan efficiency while reducing collection costs. Loan notarization refers to the activity in which the national notary office certifies the authenticity and legality of the loan behavior and the legal documents and approval procedures involved in accordance with the law based on the application of the parties.
Legal basis: "Interim Provisions on Personal Loan Management" Measures"
Article 1 is to regulate the personal loan business behavior of banking financial institutions, strengthen the prudent operation and management of the personal loan business, and promote the healthy development of the personal loan business. According to the "Industry Supervision of the People's Republic of China and the Bank of China" These Measures are formulated in accordance with laws and regulations such as the Management Law of the People's Republic of China and the Commercial Bank Law of the People's Republic of China.
Article 2 The People's Republic of China and domestic banking financial institutions established with the approval of the China Banking Regulatory Commission (hereinafter referred to as the lenders) shall abide by these Measures when engaging in personal loan business.
Article 3 Personal loans as mentioned in these Measures refer to loans issued by lenders to qualified natural persons for personal consumption, production and operation, etc.
Article 4 Personal loans shall follow the principles of legal compliance, prudent operation, equality and voluntariness, fairness and integrity.
Article 5 Lenders should establish an effective full-process management mechanism for personal loans, formulate loan management systems and operating procedures for each loan type, clarify the corresponding loan objects and scope, implement differential risk management, and establish loan Assessment and accountability mechanisms for each operation link.