All the formalities are useless. Nowadays, excavators are mostly purchased by installment. If the owner defaults, you can't pay with the excavator, because your repayment order is followed by the bank or excavator manufacturer. This owner is basically malicious and has made up his mind to pay attention to it.

Second, matters needing attention in equipment mortgage loan

legal risk

I'm dealing with the equipment.

Mortgage loan/securities loan

In this process, the property right of its mortgaged assets can only be set as a limited liability company.

hostage

. In practice, it is generally considered that it is invalid for a single shareholder or legal representative to agree to guarantee the company's assets, while the guarantee contract agreed by all shareholders is effective. Due to local differences, this uncertainty is great. If this personal secured mortgage loan has occurred, the corresponding procedures must be improved.

articles of incorporation

There is no prohibition in the agreement.

External guarantee

Need to be filled

mortgager

The general meeting of shareholders agreed to provide guarantee for the loan. If there is an agreement in the articles of association prohibiting external guarantee, other forms of secondary guarantee must be added.

Operational risk: ① being handled.

Equipment mortgage loan

At that time, the scope of equipment to be mortgaged was not defined. For example, if highly specialized equipment and equipment with expired service life are set as collateral, it is extremely difficult to realize it at the time of disposal, and it is difficult to obtain a suitable price. (2) The equipment mortgaged by the enterprise is also set as collateral, but in fact, the equipment has been mortgaged, resulting in equipment

repeated mortgage

. ③ Regarding whether the collateral belongs to the mortgagor, there is no property right confirmation report in the operation, and there is a situation that Party A takes Party B's equipment as collateral. (4) In the process of mortgage loan, only on the basis of determining the legality of collateral can the loan be issued after mortgage registration.

Value risk: when handling equipment mortgage loan, it is generally

mortgage rate

Press 50% OK and ignore the equipment.

rate of depreciation

And the sum of years

deadline

Matching, when handling equipment mortgage, the price of collateral is generally based on its original value, which is a fatal misunderstanding. If you bought one three years ago for 6.5438+0.5 million yuan,

Forklift (truck)

According to the current operation mode, you can apply for a mortgage loan of 75,000 yuan, and the loan period is set at two years. When the loan expires, the forklift may only be a pawn.

iron filings

Sold, and there are a lot of equipment with a certain service life, so when confirming the collateral, we must ensure that the loan expires within the service life of the equipment. In order to reduce losses, it should be noted that: ① the borrower has sufficient self-compensation ability. ② There are sufficient materials to prove that the mortgagor's guarantee intention is clear. (3) Commitment to handle the loan under the condition of determining the ownership of the collateral. (4) There must be a legal commitment that the mortgagor agrees to mortgage the equipment.

Three. Problems needing attention in equipment mortgage loan

Many banks are out of business now. To apply for a loan of 500,000 yuan, you need at least 6,543,800 yuan as collateral!

Four. Problems needing attention in equipment mortgage loan

Legal risk: in the process of handling equipment mortgage loan, the property right of mortgaged assets can only be set as collateral if it belongs to a limited liability company. In practice, it is generally considered that it is invalid for a single shareholder or legal representative to agree to guarantee the company's assets, while the guarantee contract agreed by all shareholders is effective. Due to local differences, this uncertainty is great. If this personal secured mortgage loan has occurred, the corresponding procedures must be improved. If there is no agreement in the articles of association prohibiting external guarantee, it is necessary to complete the resolution of all shareholders' meetings of the mortgagor to agree to provide guarantee for this loan. If there is an agreement in the articles of association prohibiting external guarantee, other forms of secondary guarantee must be added.

Operational risk: ① When handling equipment mortgage loan, the scope of mortgaged equipment was not clear. For example, if highly specialized equipment and equipment with expired service life are set as collateral, it will be extremely difficult to realize it at the time of disposal, and it will be difficult to obtain a suitable price. (2) the equipment obtained by enterprise mortgage is also set as collateral. In fact, the equipment has been mortgaged, resulting in repeated mortgage of the equipment. ③ Regarding whether the collateral belongs to the mortgagor, there is no property right confirmation report in the operation, and there is a situation that Party A takes Party B's equipment as collateral. (4) In the process of mortgage loan, only on the basis of determining the legality of collateral can the loan be issued after mortgage registration.

Value risk: when handling equipment mortgage loan, the mortgage rate is generally set at 50%, ignoring the matching of depreciation rate and fixed number of years of equipment with the loan term. When handling equipment mortgage, the price of collateral is generally based on its original value, which is a fatal misunderstanding. If you bought a forklift with10.5 million yuan three years ago, you can apply for a mortgage loan of 75 thousand yuan according to the current operation mode, and the loan period is set at two years, and so on. Forklifts can only be sold as scrap metal. In addition, many devices have a certain service life, so when confirming the collateral, we must ensure that the loan expires within the service life of the device. In order to reduce losses, it should be noted that: ① the borrower has sufficient self-compensation ability. ② There are sufficient materials to prove that the mortgagor's guarantee intention is clear. (3) Commitment to handle the loan under the condition of determining the ownership of the collateral. (4) There must be a legal commitment that the mortgagor agrees to mortgage the equipment.