1. The loan guaranteed by the guarantee company is credible. \r\n2。 A legally established guarantee company can provide guarantee for financing loans, and when the borrower fails to repay the loan at maturity, it shall bear the guarantee responsibility of paying the loan principal and interest to the lender. It can be seen that the loan guaranteed by the guarantee company is more secure to recover the principal and interest. Interim Measures for the Administration of Financing Guarantee Companies Article 2 The term financing guarantee as mentioned in these Measures refers to the act that the guarantor and the creditors such as banking financial institutions agree that when the guarantor fails to perform the financing debts owed to the creditors, the guarantor shall bear the guarantee responsibilities stipulated in the contract according to law.
Is the company's guarantee a company loan?
What the company guarantees is not a company loan. Only when the guaranteed company is unable to repay, will it bear joint and several liability for repayment.
Do corporate loans need guarantees?
Whether large enterprises or small and medium-sized enterprises, their development can not be separated from the support of credit funds. But in the process of loan, there must be a guarantor, so why do corporate loans need guarantee? Let's have a look.
Do corporate loans need guarantees?
For the following specific reasons, corporate loans need to be guaranteed:
1, high bank cost.
First of all, due to the high marketing cost of banks, it is difficult for small enterprises to apply for loans directly from banks. Therefore, many small enterprises often turn to guarantee institutions, and the cost of choosing customers for guarantee institutions is relatively low. Choosing high-quality projects to introduce into cooperative banks will improve the success rate of financing and reduce the marketing cost of banks.
2. Guarantee can effectively release risks.
In addition, after the risk is released, the advantages of guarantee institutions are irreplaceable. The project of bank direct loan is risky, and the disposal of collateral often takes a long time, with high litigation cost and poor liquidity. The cash compensation of guarantee institutions has largely solved the problem of bank disposal.
3. The loan speed of the guarantee company is fast.
Moreover, the guarantee company has a fast time limit. As a bank, its inherent loan model process causes a lot of time waste for SME owners; The guarantee company only shows a flexible financing scheme model, which greatly saves the time and energy of the business owners and can meet the needs of the business owners for emergency funds.
4. The secured loan amount is large.
Finally, the credit line granted by the guarantee company on the basis of mortgage greatly exceeds the value of the mortgaged assets. Provide more demand funds for SMEs.
However, it is worth noting that the guarantee company does not lend with its own funds, but guarantees with corporate reputation and banks lend. In other words, if the enterprise can't meet the loan standard in credit reliability, it can find a guarantee company to guarantee it. Then the guarantee company does what the bank doesn't want to do, and the risk is borne by the guarantee company.
Is the guarantor made by the loan company effective?
Effective, the guarantor in the external guarantee can be a Chinese-funded financial institution or a non-financial enterprise legal person. As a legal person, a company can act as a guarantor in general, but it needs to be approved by the board of directors or the shareholders' meeting of the company, and it needs to bear the guarantee responsibility during the guarantee period. A guarantor is a guarantor. The Guarantee Law stipulates that the third party and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform the debt or bear the responsibility according to the agreement. 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, and the creditors here are both creditors of the principal debt. Here-performing the debt or taking responsibility according to the agreement-is called guarantee debt, and some people call it guarantee responsibility.
Legal basis: Article 16 of the Company Law
Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.
Can I borrow money from the bank with the company as collateral?
As an independent enterprise legal person, the company can certainly handle mortgage loans. Corporate mortgage refers to the way that a company, as a borrower, obtains bank loans with all its real estate as collateral. Handling mortgage loans generally requires the following documents:
1, business license, tax registration certificate and other documents.
2. The loan card issued by China People's Bank has a good social credit record.
3. Appropriate turnover of the company. Specific document requirements, but also according to the mortgage requirements of banks.
: mortgage loan method
First of all, you should determine the purpose and amount of your loan, and you will be better prepared after you know the loan demand.
Determine your own collateral. When handling enterprise loans, the items that can be used as collateral generally include: land/real estate/enterprise production equipment/bonds, stocks and other pledges/enterprise liquidity, etc. Different collateral, different banks will have different corporate loan products, of course, their requirements, quotas, interest and so on will not be the same. You need to choose a loan product that meets your needs according to the situation.
Determining whether their qualifications meet the requirements of these loan products mainly depends on three aspects: people, collateral and companies.
Needless to say, people's requirements are definitely better, overdue/debt/running water/income are partly related, and some defects are acceptable. Collateral needs to meet the requirements of loan products. At present, the mainstream collateral is real estate, but not all real estate can be done. Some banks and old residential buildings do not accept it. Companies can be divided into new accounts/half-year accounts/households with more than one year, some of which can be opened as long as they reach the fixed number of years, and some have requirements for business scope and operating conditions.
But basically, the requirements of all loan products will be very specific, and it is easy to judge whether they meet these requirements. Customers are advised to apply for loan products that meet their own requirements. If some unimportant items do not meet (such as the number of credit inquiries, etc. ), they can also try to apply.
Finally, it is the general enterprise loan process of application, evaluation, account release, face-to-face signing, approval, mortgage, lending, repayment, settlement and mortgage cancellation. These are all things that customers are expected to do before applying, so as to improve the success rate of loans and avoid wasting their time and energy and delaying their own enterprises.
Ways for companies to provide secured loans
The Company Law has provisions on the provision of secured loans by companies. Where the company provides external guarantee, it must be decided by the board of directors or shareholders' meeting of the company, and the specific decision shall be implemented in accordance with the provisions of the company's articles of association. However, if the company provides guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting. If the articles of association are decided by the board of directors, it is not necessary to notify all shareholders; If the articles of association are decided by the shareholders' meeting, all shareholders shall be informed.
This is enough to introduce the company's secured loans.