The state stipulates that civil servants can only guarantee loans for others once.

According to Article 8 of the Guarantee Law of People's Republic of China (PRC), state organs may not act as guarantors, except those who have been approved by the State Council to lend loans to foreign governments or international economic organizations. Ninth schools, kindergartens, hospitals and other public institutions and social organizations for the purpose of public welfare shall not be used as guarantors. Article 10 Branches and functional departments of an enterprise as a legal person shall not act as guarantors.

If the branch of an enterprise as a legal person has written authorization from the legal person, it may provide guarantee within the scope of authorization. Eleventh no unit or individual may force banks and other financial institutions or enterprises to provide guarantees for others; Banks and other financial institutions or enterprises have the right to refuse to force them to provide guarantees for others.

Article 12 Where there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract. If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor is obliged to ensure the realization of all the creditor's rights. The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share.

Extended data:

Other loan guarantees:

Farmers' joint guarantee loan: refers to three to five farmers who form a joint guarantee team and can apply for loans from the Postal Savings Bank without other guarantees. The maximum loan amount for each household is temporarily 50,000 yuan.

Farmers' guaranteed loan: refers to farmers who can apply for loans from the Postal Savings Bank as long as one or two (depending on the loan amount) people with fixed jobs and stable income are their loan guarantors. The maximum loan amount for each farmer is temporarily 50,000 yuan.

Merchant's joint guarantee loan: refers to a joint guarantee team composed of three individual industrial and commercial households or sole proprietorship business owners with business licenses, who can apply for loans from the Postal Savings Bank without other guarantees. The maximum loan amount for each merchant is temporarily 654.38 million yuan (200,000 yuan in some areas).

Merchant-guaranteed loan: refers to the owner of an individual industrial and commercial household or a sole proprietorship enterprise with a business license. As long as one or two people (depending on the loan amount) have a fixed job and a stable income as their loan guarantors, they can apply for a loan from the Postal Savings Bank. The maximum loan amount for each merchant is temporarily 6,543,800 yuan (200,000 yuan in some areas). You can choose the second method, which needs civil servants and teachers. Doctors can be guarantors, not necessarily civil servants, but more than two guarantors.

Reference link:

Loan _ Baidu Encyclopedia

Second, how much can a civil servant guarantee loan be borrowed?

What is the amount of protection for civil servants, and the differences among banks:

1. If you can provide a civil servant guarantee, it is very good to apply, but the quota is one.

2. If the borrower borrows from Minsheng, the amount is generally between 6,543,800+10,000 and 200,000, and if he goes to ICBC to handle such loans, the amount below 500,000 can be approved.

develop

As a loan guarantor, there are many things to pay attention to.

First, whether the loan amount is within the tolerance range:

Generally speaking, lending institutions will strictly verify the qualifications of borrowers and their guarantors when handling loans, but some non-bank lending institutions sometimes do not strictly verify the qualifications of guarantors in order to make business, which is equivalent to "going through the motions". So the first thing to consider is whether the amount is within your tolerance, that is, whether you have the ability to guarantee the loan.

Second, whether the length of the guarantee period will affect your life:

In addition to reading the relevant terms of the loan contract in detail, you should also consider whether the loan period and guarantee period will affect the "life period" of your future creditor's rights. If the debt burden is discharged within this period of validity, the guarantee responsibility will be exempted.

Consequences of the first law:

Of course, the most important thing is to understand the legal consequences of the guarantee. What should I do as a guarantor if the borrower can't repay the loan? Bian Xiao suggested signing a supplementary contract to safeguard their legitimate rights and interests, and both parties should negotiate related matters.

Therefore, before being a loan guarantor, we must carefully consider and agree easily, otherwise it may bring us.

3. How many people can a civil servant guarantee loans?

There are no specific quantitative restrictions on policies and banks, mainly depending on the qualifications of lenders.

First of all, loans secured by civil servants need to meet some requirements:

1. The borrower must be a Chinese mainland resident;

2. The borrower has a stable address and work or business place;

3. The borrower has a stable source of income;

4. The borrower has no bad credit record, etc. ;

Those who meet these loan conditions may apply to the bank for secured loans.

Two. In addition to providing the relevant information of the lender, the guarantor shall also provide the information of the civil servant's guaranteed loan, including:

1, the identity certificate of the guarantor and his spouse;

2. Marriage certificate of the guarantor and his spouse;

3. The guarantor's professional qualification certificate;

4. The income certificate of the guarantor;

5, the guarantor's credit history authorization, etc.

Third, the main risks are:

1, lack of understanding of guarantee responsibility, some civil servants are easy to trust friends and guarantee for others.

2, the amount is uncertain, exaggerating the guarantee ability of civil servants, and the guarantee amount is arbitrary.

3, the standard is not grasped enough, and the procedure of civil servant security is missing. Only personal identity certificate and unit salary certificate can not fully prove the guarantor's guarantee ability.

Four, in order to prevent the risks brought by civil servants' secured loans, it is suggested that:

1, the financial department should strengthen the examination of the qualifications and abilities of guarantors, and at the same time pay attention to and stop the phenomenon of repeated guarantees by public servants through online cooperation of institutions or outlets. It is necessary to promptly investigate and deal with the phenomenon of unauthorized expansion of the guarantee amount, incomplete procedures and illegal one-time loan issuance in civil servant secured loans, and further standardize the issuance and management of civil servant secured loans.

2, civil servants should master the responsibility of secured loans, beware of secured loans for others.

3. The banking supervision department should urge relevant financial institutions to further improve the management measures of secured loans for civil servants and guide them into the track of standardized operation.