What responsibilities should the third-party payee bear for bank loans?

1. What responsibilities should the third-party payee bear for bank loans?

once the debt of the warrantee cannot be repaid, the guarantor shall bear joint and several liabilities to repay the debt for the warrantee. Article 6 of the Guarantee Law of the People's Republic of China: According to this law, when the debtor fails to perform the debt, the guarantor performs the debt or assumes the responsibility as agreed. Accordingly, no matter what form of guarantee, once the debtor of the warrantee fails to repay the debt, Article 21 of the Fengguo Guarantee Law: The scope of guarantee includes the principal creditor's rights, interest and liquidated damages. The guarantee contract is otherwise. The guarantor shall bear the guarantee responsibility within the scope of guarantee. The parties have not agreed on the scope of the guarantee or agreed to assume responsibility.

second, what responsibilities should the third-party payee bear for bank loans?

according to the contract law, paying money to a third party as required is regarded as the borrower's lending obligation. If it cannot be repaid, the borrower needs to repay it, which will not affect the third-party payee.

this is called entrusted payment in operating loans, and it is a way to explain the purpose of your loan. It is recommended that the company entrusted by the third party choose a company that it can trust, and it is best for you to provide it yourself.

entrusted payment is a payment method of loan funds, which means that the lender (a legally established banking financial institution) pays the loan funds to the borrower's transaction object according to the borrower's withdrawal application and payment entrustment, in order to reduce the risk of loan misappropriation.

at present, the application of entrusted payment is: the single amount of loan funds exceeds 5% of the total investment of the project or exceeds 5 million yuan.

third-party collection, some of which are corporate and some of which can lend money privately, is only used as a fund, which has nothing to do with the loan itself and will not affect the third-party payee.

Extended information:

Advantages and disadvantages of implementing entrusted payment by the lender:

1. It will reduce the risk of loan misappropriation and will have an impact on the borrower's income. A person from a commercial bank said that at present, enterprises can withdraw the project loans at one time, and it is up to enterprises to decide whether to use them or not and how to use them.

In this case, during the transition period of project construction, the borrower can do some businesses to increase income, such as transferring to the bank and purchasing wealth management products. However, after adopting entrusted payment, it is impossible for borrowers to withdraw money at one time, and the space for short-term operation will be compressed.

second, the balance between the efficiency of project approval and the progress of enterprise funds. A policy banker admits that sometimes it takes half a year for a project to be approved, and the enterprise already needs to use funds here. As mentioned above, at present, many projects have started to apply for loans before going through the full approval process.

Third, the liability of the third-party payee of the loan

1. The third-party payee needs to bear the responsibility. In operating the loan, it is called entrusted payment, which is a way to explain the purpose of the loan. The third party does not need to bear the legal responsibility, but if a guarantee contract is signed, the third party needs to bear the legal responsibility.

2. Third-party collection is only used as a fund, which has nothing to do with the loan itself and will not affect the third-party payee. However, after signing the guarantee contract, the third party provides the guarantee, and once the debt of the warrantee cannot be repaid, the guarantor shall bear joint and several liabilities and repay the debt for the warrantee.

I have been asked to be the third-party payee for the loan. Do I have to bear the responsibility? Question

Hello, you want me to be the third-party payee after the loan. Do I have to bear the responsibility? Analyze and answer for you. ? Answer

Hello, in this case, you need to bear the responsibility. The specific analysis is as follows: Answer

The question of consumer loans borrowed from Ping An Bank

1. The third-party payee needs to bear the responsibility. It is a way to explain the purpose of the loan. The third party does not need to bear the legal responsibility, but if a guarantee contract is signed, the third party needs to bear the legal responsibility.

What is the legal responsibility of the third-party beneficiary of the loan

3. The scope of security interest in Article 389 of the Civil Code of the People's Republic of China includes the principal creditor's right and its interest, liquidated damages, damages, custody of the secured property and expenses for realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.

4. The third-party payee is actually the loan guarantor. The guarantor has the guarantee and joint liability for the debtor's debt, and naturally there will be risks. Responsibilities undertaken by the guarantor: The responsibility paid by the guarantor is that when the debtor is unable to pay off the debts due, the guarantor shall bear the responsibility for it, that is, pay off the debts due. Answer

Hello, take joint and several liability for the loan. Answer

That is to say, the third-party payee and the lender * * * share the loan responsibility. ? Answer

Only as a third-party payee, do you need to sign a contract? Question

Hello, third-party payee also needs to sign a loan contract. Answer

The third-party payee and the lender, as the lender, * * * sign the loan contract. Answer

Is it necessary for the third-party payee to sign a loan contract? Question

Hello, yes. Answer

That is, the third-party payee must be the guarantor. Question

A third-party payee cannot become a third-party payee in the legal sense without signing a loan contract. Answer

Yes, it is the guarantor. Answer

Oh, ok, thank you for your question

As the actual third-party payee, you have the guarantee responsibility. Answer