Legal analysis: the repayment supervisor has the responsibility to urge the borrower to repay in full and on time. In order to maintain financial order, ensure the safety of credit funds and timely recovery of loans, the lender has the right to supervise and inspect the use of loans during the performance of the loan contract. Civil law emphasizes the equality of civil subjects. If the borrower fails to repay the loan in full and on time, the supervisor may be obligated to repay the loan. The supervisor's role is equivalent to the guarantor, and he needs to bear the joint repayment obligation, so you should not easily be the guarantor of the loan for others. The meaning of supervising repayment should be judged from the contents of loan contract and IOU. If the role of supervising repayment is equivalent to guarantor, it is necessary to undertake joint repayment obligations.

Legal basis: Civil Code of People's Republic of China (PRC).

The forms of suretyship include general suretyship and joint liability suretyship. If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

Article 688 Where the parties agree in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, 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.

After bank loans are issued, how to supervise the normal use of loans according to the purpose of borrowing?

For commercial banks, supervision is very important after loans are issued to real estate units. Then, after the bank loan is issued, how to supervise the normal use of the loan according to the purpose of borrowing? Let me introduce the relevant content here.

Method 1: The borrower reports the situation to the bank.

The bank may require the borrower to report the situation to the bank, or it may require the other party to centralize the deposit and settlement business in the bank.

Method 2: The bank supervises the advance payment and project payment.

Banks can supervise the use of loans by supervising the advance payment and project payment. Banks can judge whether the use is consistent with the contract according to the construction contract of real estate development project and the monthly report of the actual progress of the project.

Method 3: The sales unit must fill in the corresponding form every quarter to apply.

Units selling houses shall fill in the "Detailed Statement of Revenue and Expenditure of Developer's Supervision Account" quarterly (generally before each quarter 10 days). When the bank may require the selling unit to pay the project payment as planned, it must be approved by the bank before payment can be made. Otherwise, the bank may refuse to handle relevant business.

Method 4: The sales unit must open a special account in the bank as required.

The bank may require the selling unit to open a special account in the bank, and retain all pre-sale funds and project funds through the special account. In addition, the sales unit must deposit the insurance money in the bank.

Is it a regular loan to have a loan supervisor?

The repayment supervisor does have some routines.

The repayment supervisor has urged the borrower to repay in full and on time. If the borrower fails to repay in time, the supervisor has the obligation to repay. In specific decision-making, if the supervisory role is equivalent to the following contents, it must refer to the loan agreement and the contents of the iou, and the guarantor must repay the loan in a unified way.

The guarantor's liability for breach of contract largely depends on whether the guarantor bears joint and several liability.

According to the law, the two contracts have different guarantees and bear different responsibilities. If the debtor fails to perform the general guarantee obligation under the guarantee agreement, the counterparty shall not bear the guarantee responsibility. Even if the debtor's property is enforced according to law, if the dispute cannot be performed without trial or arbitration, the guarantor may refuse to be liable for the creditor's debt.

Under any of the following circumstances, the rights stipulated in this article may be exercised: the debtor goes bankrupt, execution is suspended, and the guarantor waives the rights stipulated in the preceding paragraph in writing in accordance with laws and regulations.

Joint and several liability guarantee has the following characteristics:

1. Presumption is a way of guarantee that the parties must clearly stipulate the joint and several liability guarantee and multiple liability guarantee in the guarantee agreement, and the guarantor does not conclude a contract on the joint and several liability guarantee. If the normal warranty or contract is not clear.

2. The guarantor and the principal debtor are jointly and severally liable for the debts under the main contract, that is, the guarantor and the debtor bear full responsibility for the repayment of the obligations under the main contract.

3. At the end of the debt performance period, if the principal debt is not fulfilled, the guarantor shall bear the guarantee responsibility. In joint guarantee, if the principal debtor fails to perform the obligations of the principal contract within the time limit, the creditor may require the debtor to repay the principal debt or the guarantor shall bear the guarantee liability.

Under laws and regulations, the supervisor's role of repayment is equivalent to that of guarantor, and it is necessary to undertake joint repayment obligations, so you should not easily be the guarantor of loans for others.

This is the end of the introduction to the meaning of loan supervision and loan supervisor. I wonder if you found the information you need from it?