Guarantee is divided into general guarantee and joint liability guarantee. Credit cooperatives generally adopt joint and several liability guarantee, and the guarantee period is generally agreed within two years after the expiration. Where there is no agreement, reference can be made as follows: Article 25 of the Guarantee Law: If the guarantee contract stipulates that the guarantor shall bear the guarantee responsibility until the principal and interest of the principal debt are fully paid off, it shall be deemed that the agreement is unclear, and the guarantee period shall be two years from the date of the expiration of the principal debt.

Therefore, if you guarantee on July 1 1 day, 2005, the loan will expire on July-10/day, 2006, and the credit cooperative will have no guarantee period on August 6, 2007.

Two, rural credit cooperatives loan guarantor several years failure

According to the borrower's loan type, if it is a maximum credit contract, it corresponds to a maximum guarantee contract, which is generally two to three years.

If it is an ordinary loan, it corresponds to a guarantee contract, usually within one year.

According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf.

Special provisions

First, legal persons, other organizations or legal witnesses who have the ability to pay off debts on their behalf refuse to support them because they are unable to pay off debts after concluding a guarantee contract.

Second, the root, individual industrial and commercial households, rural contracting countries. Therefore, citizens who are guarantors are also rural contracted households.

Third, wholly-owned enterprises and partnerships that have obtained business licenses; According to; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises.

Fourth, if a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.

Fifth, public institutions and social organizations aiming at public welfare may not act as guarantors. If a public institution or social organization engaged in business activities is the guarantor, and there is no other reason to invalidate the guarantee contract, it shall be deemed that the contract is valid.

Sixth, in the process of accepting loans from foreign governments or international economic organizations, state organs can act as guarantors with the approval of the State Council. You are not allowed to be a guarantor under other circumstances.

Therefore, before agreeing to be a guarantor, you must understand the following possible consequences.

A) You may be sued.

If the borrower defaults and owes money, the bank or financial company will sue you.

B) You may be declared bankrupt.

If the debt is likely to be declared bankrupt.

C) multiple guarantors are unsafe.

Don't think that more than one person must be borne equally by more than one guarantor. Banks do not have to choose to collect debts from all or one of the guarantors.

D) death does not mean that the guarantee is exempted.

This depends on joint guarantee, which involves many guarantees. After the death of the guarantor, his legacy is still used for joint guarantee, and his legacy does not need to be used for debt repayment.

Responsibilities and rights of guarantor

Who can be the guarantor?

/kloc-over 0/8 years old, unbroken.

Can the guarantor opt out in the future?

This is up to financial institutions to decide. You can ask the guarantor to pay off the debt and terminate the contract. It may not even allow the original guarantor to quit.

When can the guarantor withdraw?

When the loan is paid off. However, if the borrower dies, you are responsible for repaying his debts in installments.

What rights do you have as a guarantor?

According to the guidelines of the central bank, the guarantor has the following rights:

Be able to hold relevant documents such as guarantee contract.

As long as the borrower agrees, you can know how much money you have borrowed from financial institutions.

If it is necessary to repay the debt owed to the financial company for the former, the borrower can be sued. The guarantor usually receives a debt collection letter to the borrower.

Only one specific loan can be guaranteed. If after several years, the borrower wants to increase the loan amount, he must re-apply for the loan, or at least obtain the written consent of the guarantor to provide guarantee for the new loan.

Unless the borrower defaults and cannot repay the loan, the financial institution can recover the debt from the guarantor.

Financial institutions must send a letter of claim to the guarantor before they can recover the debt from the guarantor.

(Note: All guarantors should be informed of the above rights, regardless of whether they comply with the Bankruptcy Law 1967 or the Guide for Lending Institutions to Accept Loan Guarantees by the Central Bank. )

Who will the bank sue?

If the borrower defaults and fails to repay, who will the bank recover the debt from-the borrower or the guarantor?

Banks don't have to collect debts from borrowers first. Banks have the right to choose to take legal action against borrowers or guarantors first. You can even recover debts from both parties at the same time.

Legal action can only be taken against the guarantor after legal channels (suing the court and collecting debts from the borrower) have been exhausted.

Under the following circumstances, the financial institution RM30 causes the borrower to be responsible for more than 30,000 ringgit and declare bankruptcy. The same is true of a guarantor, unless he is a "social guarantor".

Financial institutions can only be "social guarantors", requiring borrowers to declare bankruptcy after exhausting all channels to recover debts.

According to the above law, "social guarantor" refers to the person who guarantees the following loans.

Three, rural credit cooperatives loan guarantee is a few years?

Generally, the longest mortgage loan can reach 30 years, and the longest mortgage loan usually takes 3 years. The time depends on the time limit for local institutions to handle loans.

4. How long is the loan guarantee period of rural credit cooperatives?

Hello, I'm glad to answer your question.

The loan guarantor of rural credit cooperatives does not depend on the loan type of the borrower for several years. If it is a maximum credit contract, it corresponds to a maximum guarantee contract, usually two to three years.

If it is an ordinary loan, it corresponds to a guarantee contract, usually within one year.

According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf. abstract

Query on the closure of loan guarantors of rural credit cooperatives in recent years

Hello, I'm glad to answer your question.

The loan guarantor of rural credit cooperatives does not depend on the loan type of the borrower for several years. If it is a maximum credit contract, it corresponds to a maximum guarantee contract, usually two to three years.

If it is an ordinary loan, it corresponds to a guarantee contract, usually within one year.

According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf. answer

I hope my answer can help you [smile] [smile] [smile] answer.

I helped others guarantee 6,543,800 yuan a year, but after two years, the bank called me and said that it would be 200,000 yuan for two years. He got a loan of 200,000 yuan after paying back 6,543,800 yuan, but he didn't tell me about this 200,000 yuan. I don't know. What should I do if the bank calls me now?

If the surety contract is invalid and the surety is not at fault, he shall not be liable. According to the second paragraph of Article 5 of the Guarantee Law: "If the debtor, guarantor and creditor are at fault after the guarantee contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults." The principle of "fault liability" is the premise for the guarantor of invalid guarantee to bear civil liability, and there is no liability without fault. 1. The guarantee contract is invalid, and the guarantor is not responsible. There are many reasons for invalidity, such as untrue expression of will, fraud, coercion and so on.

The main contract is invalid, and the guarantor does not have to bear the guarantee responsibility.

The guarantor may raise the debtor's defense against the creditor. answer

He didn't tell me about the second loan, so does it matter if he gives me the borrowed money?

It doesn't matter.

It doesn't matter if you don't know.