Current location - Loan Platform Complete Network - Loan consultation - Is it legal to borrow money with a guarantee fee?
Is it legal to borrow money with a guarantee fee?
If there is a guarantor in the loan contract, there is no problem that the guarantee fee is charged by the guarantee company.

There is no guarantee fee for the loan. If the lender requires the borrower to provide a guarantee, the borrower shall provide a guarantee, and if the guarantee is in the form of monetary guarantee, a guarantee fee shall be charged; If the lender does not require a guarantee, or does not require a monetary guarantee, no guarantee fee is required.

According to the relevant national policies, the benchmark guarantee rate can be charged at 50% of the bank's loan interest rate for the same period, and the specific guarantee rate can fluctuate by 30% to 50% based on the project risk, or it can be agreed by both parties with the consent of the supervision department of the guarantee institution.

Therefore, whether the loan guarantee fee is legal depends on whether the comprehensive interest rate of the loan exceeds the legal provisions. According to the national laws and regulations, the calculated comprehensive annual interest rate, whether it is service fee, insurance fee or guarantee fee plus its own interest rate, shall not exceed 36%. It is illegal to raise the loan interest rate in disguise.

Legal basis:

Article 14 of the Interim Measures for the Administration of Personal Loans

The loan investigation includes but is not limited to the following contents:

(1) Basic information of the borrower;

(2) The income of the borrower;

(3) the purpose of the loan;

(4) The source, ability and method of repayment of the borrower;

(5) Guarantor's willingness to guarantee, ability to guarantee, value of collateral (pledge) and liquidity.

Article 23

The lender shall sign a written loan contract with the borrower, and a guarantee contract shall be signed at the same time if a guarantee is needed. The lender shall require the borrower to sign the loan contract and other relevant documents in person, except for loans handled through electronic banking channels.