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What are the specific conditions of the loan guarantor?
1. What are the specific conditions of the loan guarantor?

What are the specific conditions of the loan guarantor?

The qualifications of a bank loan guarantor include but are not limited to: a natural person with full civil capacity, aged between 18 and 65 years old;

Having legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status;

Have a good credit record and willingness to repay;

Have a stable source of income and the ability to repay the loan principal and interest in full and on time;

It has nothing to do with the loan case;

The enjoyment of political rights and personal freedom is unrestricted;

There are permanent residence and permanent residence in the local area.

Transferred from pleasant loan question and answer network.

Guarantor 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 party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off debts on their behalf.

Special provisions on the qualification of guarantor

Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor, and then requests to be exempted from the guarantee responsibility because he does not have compensation ability, the people will not support it.

According to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.

Can be used as a guarantor, including: sole proprietorship enterprises and partnership enterprises registered to obtain business licenses according to law; A joint venture registered in accordance with the law and obtained a business license; 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 that have been approved to register and obtain business licenses.

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. Where the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.

Institutions and social organizations aiming at public welfare shall not act as guarantors. If a public institution or social organization engaged in business activities is a guarantor, and there are no other circumstances that lead to the invalidity of the guarantee contract, it shall be deemed as valid.

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

Bond obligation

"Guarantee Law" stipulates that

Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

Article 22 During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 23 During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.

Article 24 Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 25 If the guarantor of a general guarantee and the creditor have not agreed on a guarantee period, the guarantee period shall be six months from the date when the performance period of the principal debt expires. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor within the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.

Article 26: If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility within the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.

Article 27 A guarantor shall provide a guarantee for continuous creditor's rights in accordance with the provisions of Article 14 of this Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.

Article 28 If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the things. If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.

Article 29 If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract is invalid or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.

Article 30 A guarantor shall not bear civil liability under any of the following circumstances: (1) The parties to the main contract collude to defraud the guarantor of providing a guarantee; (two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.

Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.

Article 32 If the creditor fails to declare his creditor's rights after the people's court accepts the debtor's bankruptcy case, the guarantor may participate in the distribution of bankrupt property and exercise the right of recourse in advance.

Transferred from "Guarantor _360 Encyclopedia"

The guarantor of an interest-free loan can be a legal person, other organization or citizen who has the ability to pay off debts on his behalf. Therefore, the loan guarantor should meet the statutory requirements, have the economic strength to repay the loan, and be jointly and severally liable for debt repayment.

What conditions should a loan guarantor meet? The main terms of general banks are: only collateral can be used for loans, and the sum of loan amount and interest during the loan period cannot exceed1/2 of the assessed value of collateral; 2. Have a long-term and stable income source, enough to pay the monthly loan principal and interest; 3. Guarantor; 4. Information required for personal loan: ID card, household registration book, proof of marital status, income certificate, real estate license, ID card, household registration book, proof of marital status and other relevant information required by the bank. You also need to pay lawyer's witness fee, mortgage registration fee, mortgage property insurance fee and property evaluation fee. Generally speaking, it takes about 1 month to get a loan. Process: 1. Apply for a loan from the bank. 2. After the bank accepts it, it evaluates the value of the mortgaged property and verifies the loan amount according to the evaluated value. 3. Sign a loan contract, etc. ; 4. Apply for real estate mortgage registration; 5. Bank loans

What are the conditions of the guarantor of the credit cooperative loan? The moon represents my heart, and sincere friendship will never be forgotten; Let everything bring you sweet feelings and endless happiness; Every extraordinary wish is sent to your heart, and I deeply bless you whenever and wherever.

What are the conditions of housing provident fund loan guarantor? Basic conditions: 1, the guarantor's work income is stable, such as civil servants, doctors, teachers, etc. ; 2. There is no bad credit record in the bank; For details, please consult Tian Ming Guarantee Company of Hunan Housing Provident Fund Center.

What are the requirements of Ningbo loan guarantor? For personal guarantee, the following information shall be provided:

Original and photocopy of ID card, household registration book and marriage certificate of both husband and wife;

Occupation, income certificate and family property status information of both husband and wife (work certificate, bank account, property right certificate, vehicle driving license, etc.). );

Proof of fixed place (real estate license and water, electricity, gas and other proof materials in the last three months);

Personal bank credit information inquiry system;

Notarization.

For enterprise guarantee, the following information shall be provided:

Original and photocopy of business license, original and photocopy of tax registration certificate (national tax and local tax), organization code certificate, articles of association, ID card of legal representative of the enterprise, loan card (annual inspection) and credit certificate;

Letter of consent from shareholders;

Financial statements: financial statements at the end of last year and the last three months (with audit reports). Including balance sheet, income statement, cash flow statement and bank statement (with bank seal);

Special industries need to provide environmental assessment data (EIA report, pollutant discharge permit).

Conditions for the guarantor of small interest-free loans The conditions for the guarantor of small interest-free loans are: having a legal and effective source of income and being qualified as a guarantor. Subject qualification first determines the subject of the guarantor: a legal person, other organization or citizen who has the ability to pay off debts on behalf of him. Then, there are three situations in which you cannot be a guarantor. According to the provisions of the Guarantee Law, a guarantee contract shall be in written form. Put forward my own views on "written form" Firstly, the differences and relations between general guarantee and joint liability guarantee are analyzed. Combined with the trial practice, this paper analyzes the suggestions of the guarantor's right to plead first. The guarantee period is the time limit for the guarantor to undertake the guarantee responsibility. This paper analyzes the reasons and countermeasures for some staff of financial institutions to misunderstand the concept of guarantee period. The difference between fixed guarantee fee period and uncertain guarantee responsibility period is also analyzed.

What are the conditions of the loan guarantor and what kind of legal responsibilities do you have? I. Conditions of the loan guarantor (1) The guarantor shall meet the following conditions: 1, which is irrelevant to this case; 2, enjoy political rights, personal freedom is not restricted; 3. Have permanent residence and permanent residence in the local area; 4. Have the ability to fulfill the guarantee obligations. (2) Special Provisions on Guarantor Qualification 1. Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor, and then requests to be exempted from the guarantee responsibility because he does not have compensation ability, the people will not support it. 2. According to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households. 3. Guarantors include: sole proprietorship enterprises and partnership enterprises registered to obtain business licenses according to law; A joint venture registered in accordance with the law and obtained a business license; 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 that have been approved to register and obtain business licenses. 4. If the branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. Where the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid. 5. Institutions and social organizations aiming at public welfare shall not act as guarantors. If a public institution or social organization engaged in business activities is a guarantor, and there are no other circumstances that lead to the invalidity of the guarantee contract, it shall be deemed as valid. 6, the state organs in the process of accepting loans from foreign countries or international economic organizations, approved by the the State Council can be used as a guarantor. You are not allowed to be a guarantor under other circumstances. The legal liability of the loan guarantor has different responsibilities according to different ways: if the parties agree in the guarantee contract that the guarantor will bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee. If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, 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. If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract is tried or arbitrated and the debtor's property is enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph: 1. The debtor's domicile has changed, and it is difficult for the creditor to ask him to perform his debts; 2. The people's court accepts the bankruptcy case of the debtor and suspends the execution of the procedure; 3. The guarantor waives the rights stipulated in the preceding paragraph in writing. It is not difficult to see from the above that no matter what form of guarantee, once the guarantor, the debtor, has economic problems, the guarantor will bear the risk of repaying the debt for the guarantor. Don't think you feel safe because you have a debtor. The debtor is not necessarily liable. If you are a joint guarantor, the bank does not have to choose to collect debts from the debtor. Lenders have the right to choose to collect debts from debtors or you.

2. What are the requirements for running an interest-free loan guarantor in the Labor Bureau?

The financial mortgage issued by the Labor and Employment Bureau is the same as the personal loan guarantee.

3. What risks does the interest-free loan guarantor bear?

The responsibility of the guarantor is divided into guarantee and joint guarantee. When the borrower refuses or is unable to perform the repayment obligation, the guarantor must perform or undertake the repayment obligation as agreed. The guarantor's responsibility is that the borrower will be responsible for repayment only when he can't repay the arrears.

Guarantee and joint guarantee mean that the borrower fails to repay the loan on time, and the bank financial institution may require the borrower or guarantor to perform the responsibility.