Guaranteed loan is a loan form in which the guarantor guarantees the borrower to repay the principal and interest of the loan on time with his own funds and legal assets. If the borrower fails to repay the debt at maturity, the guarantor will fulfill the guarantee obligation. Secured loans provide credit fund support for customers' production and business activities. The currencies are mainly RMB and USD; The longest loan period shall not exceed 7 years, of which the grace period of the loan shall not exceed 3 years. (1) About the topic. Pay special attention to the qualifications of the guarantor when signing a guaranteed loan contract. Generally speaking, subjects with social welfare nature and subjects who cannot bear civil liability independently shall not be used as guarantors. (2) Ensure the signing of the contract. In practice, there are several ways to sign a guarantee contract: the guarantor and the lender sign a written guarantee contract; The guarantor signs or seals the loan contract, indicating that he is willing to undertake the guarantee responsibility; The Guarantor separately issues a written guarantee to the Lender. (3) the responsibility of the guarantor. Warranty can be divided into general warranty and joint liability warranty.
legal ground
Article 387 of the Civil Code of People's Republic of China (PRC) Scope of Application of Security Interests Countersecured creditors may set up security interests in accordance with the provisions of this Law and other laws in order to guarantee the realization of their creditor's rights in civil activities such as lending, buying and selling. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.
What do you mean by guaranteed loan?
Guaranteed loan refers to the loan issued by the lender on the condition that the third party promises that the borrower will bear joint liability according to the regulations when the borrower cannot repay the principal and interest of the loan. The loan guarantee provided by the guarantor for the loan is an irrevocable full joint liability guarantee. Ensure that the loan procedures are simple, and generally do not need to go through the relevant registration and evaluation procedures; The guarantor can choose one or more items; If the guarantor is willing to guarantee for a long time (one year), he may sign a maximum loan guarantee contract. During the maximum guarantee period, he will not go through the relevant guarantee procedures. Guaranteed loans should strictly implement the loan interest rate policy stipulated by the People's Bank of China, and adhere to the principle of fairness, legality and acting according to the contract. The interest rate of medium and long-term loans is fixed for one year according to the loan contract, that is, the interest rate agreed in the loan contract will be implemented within one year from the effective date of the contract, and the interest rate will remain unchanged; After one year, adjust the current interest rate and implement the new interest rate.
legal ground
Article 686 of the Civil Code of People's Republic of China (PRC) * * * includes general guarantee and joint liability guarantee.
If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.
Generally speaking, the limitation of action for secured loans is
The limitation of action for secured loans is 2 years. As far as secured loans are concerned, if the overdue time exceeds 2 years, the borrower fails to repay the principal and interest of the loan within 2 years, and the lending bank fails to take other measures to interrupt the limitation of action, when the limitation of action of the loan exceeds, the right to win the case will be lost.
The guarantee period belongs to the agreed period in nature, and there is no suspension, interruption or extension of the limitation of action. If the creditor fails to claim rights during the guarantee period, the guarantor shall be exempted from the guarantee responsibility. The way to claim rights is to file a lawsuit or apply for arbitration against the debtor in the general guarantee, and to require the guarantor to bear the guarantee liability in the joint and several liability guarantee. The parties may stipulate the warranty period in the contract. If there is no agreement, the guarantee period is 6 months. In the case of joint and several liability guarantee, the creditor has the right to ask the guarantor to bear the guarantee liability within 6 months from the date of the expiration of the independent debt performance period; For general guarantee, the creditor shall bring a lawsuit or apply for arbitration to the debtor within 6 months from the date of expiration of the independent debt performance period. If the guarantee period stipulated in the guarantee contract is earlier than or equal to the performance period of the main debt, it shall be deemed as no agreement. If the guarantee contract stipulates that the guarantor shall bear the guarantee responsibility until the principal and interest of the main debt are paid off, it shall be regarded as outstanding, and the guarantee period shall be two years from the date of expiration of the main debt performance period. If there is no agreement or unclear agreement on the time limit for performance of the principal debt, the guarantee period shall be counted from the day after the expiration of the grace period for the creditor to require the debtor to perform the debt.