Yes, either the property is mortgaged or the guarantor guarantees it.
2. Can a company as a legal person be a guarantor? What qualifications does the guarantor need?
A company as a legal person may act as a guarantor. According to the law, the guarantor has legal qualifications, that is, it meets the following conditions: 1, which is not related 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. 5. There is no obvious record of breach of contract. In addition, the guarantor and the creditor shall conclude a guarantee contract in writing. According to the law, according to Article 683 of the General Principles of the Civil Law, an organ as a legal person may not act as a guarantor, unless it is approved by the State Council to use loans from foreign governments or international economic organizations for lending. A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.
Three. If the corporate loan is signed by the legal person and signed by the guarantor, can the guarantor not sign the loan?
If the enterprise loan is signed by the legal person and signed by the guarantor, and the loan has not been repaid and has been settled through consultation, then if the guarantor and lender have not repaid it,
Guaranteed loan, that's it.
If the debtor fails to repay the creditor's debt at maturity, the creditor may require the guarantor to have the obligation to repay, but this obligation to repay is also limited. For more information about whether the guarantor should pay back the money, I'll come to you next.
1. Does the guarantor want to pay back the money?
If the borrower doesn't pay back the money, the guarantor will.
The Guarantee Law stipulates that when the debtor fails to perform the debt, the guarantor or the guarantor shall perform the debt in accordance with the agreement, including legal persons, other organizations or citizens who have the ability to pay off on behalf of him. The creditors here are all creditors of the principal debt. Here-it's called secured debt, and some people call it secured liability.
Does the guarantor want to pay back the money? What is the repayment obligation?
Second, what is the repayment obligation?
If the loan applicant is unable to repay or refuses to repay, the creditor can directly recourse to the guarantor (that is, the guarantor). The guarantor must unconditionally fulfill the repayment obligation, and the bank will use the guarantor's property as an offset. Including valuables, real estate, frozen wages and so on.
Legal basis: according to the guarantee law, if the creditor refuses to repay, the creditor can directly, and the guarantor must be unable to repay without the guarantor, and the bank will use the guarantor's property as an offset. Including valuables, real estate, wages, etc.
Three. Guarantor's joint liability guarantee
If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship.
Generally, arbitration is guaranteed, and the debtor's property is enforced according to law, and creditors may be appointed before the debt cannot be performed.
Under any of the following circumstances:
(a) the debtor's domicile has changed, and the creditor has great difficulty in asking him to perform his debts;
(2) People accept debts.
(3) The guarantor is in written form.
If the parties bear the responsibility in the guarantee contract, it is joint and several 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 no agreed responsibility for the way of guarantee, they shall bear the responsibility for guarantee.
The guarantor of general guarantee and joint and several liability guarantee enjoys the debtor's right of defense. If the debtor waives the right of defense against the debt, the guarantor still has the right of defense.
The guarantor needs to bear civil liability, so I don't suggest that you take it as a fact that the guarantor needs to pay back the money and what is the repayment obligation. I hope it will be helpful to your work and study.