(total liabilities of guarantor+accumulated guarantee balance)/total assets of guarantor. The calculation of guarantee ratio does not include contingent items related to trade and transactions, such as bid guarantee and performance guarantee.
Article 21 of the Guarantee Law stipulates that the scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights.
The scope of guarantee refers to the scope where the debtor asks the guarantor to perform or bear joint and several liabilities and applies to the court for enforcement when the debtor fails to perform his debts.
The scope of all guarantee liabilities is exactly the same as that of the debtor when the debt is established. Includes the following contents:
The first is the whole of the principal creditor's rights. In the guarantee contract, if there is no specific special agreement, it shall be regarded as all the creditor's rights of the guarantor.
The second is interest. There are two kinds of interests, legal and agreed. Any interest arising from the principal creditor's rights, whether statutory or agreed, should be listed as the guarantee object. Legal interests, such as interest arising from delayed performance (delayed interest), originally derived from the principal creditor's rights, should undoubtedly be included in the guarantee; If the interest and other agreements agreed by the parties are subordinate to the principal creditor's rights, the aforementioned restrictive practices shall apply, and only those directly agreed in advance at the time of the establishment of the guarantee contract can be included in the scope of the secured creditor's rights. Of course, if the agreed benefits are obviously unfair or restricted by law, they should be appropriately adjusted or determined according to law.
The third is liquidated damages. Only the liquidated damages payable by the principal creditor's rights can be guaranteed. Although the liquidated damages are subordinate, they are independent to a certain extent, and it is necessary to set up a liquidated damages contract or a separate clause outside the principal creditor's rights. Therefore, when applying the guarantee, just like the agreed interest, we should adopt a restrictive approach, that is, the guarantee of liquidated damages should be limited to the establishment of the guarantee contract and the establishment of the main debt.
The fourth is compensation for damages. The debt for damages arising from the principal debt shall be guaranteed. In this case, no matter whether the debt for damages is due to non-performance or delayed performance, as long as it belongs to the debtor, the guarantor has the obligation to compensate it or bear joint liability.