Current location - Loan Platform Complete Network - Loan intermediary - Format of guarantee (5 articles)
Format of guarantee (5 articles)

In daily life and work, various agreements appear frequently, and the signing of the guarantee is actually the best specification of the rights and obligations between two parties or several parties. Want to write an agreement but don't know who to consult? I'm here to share some guarantee formats with you, hoping to help you.

Letter of Guarantee Format 1

ContractNo.:

Signing date:

Signing place:

Party A (guarantor):

Address:

Postal code:

Legal representative:

Telegram: fax:

basic deposit account. Code:

Legal Representative:

Telegram:

In order to guarantee the creditor's rights under the item numbered (hereinafter referred to as "the main contract") signed by Party B and the debtor (hereinafter referred to as "the debtor of the main contract"), Party A is willing to provide guarantee for the creditor's rights under the main contract (hereinafter referred to as "the main creditor's rights").

article 1. types and duration of secured principal creditor's rights

1.1 the principal creditor's rights guaranteed by party a are the creditor's rights

formed by the debtor's handling of the agreed business under party b's main contract, and the agreed business scope under the main contract is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

article 2, scope of guarantee

2.1 the scope of party a's guarantee includes interest, overdue interest, penalty interest, compound interest, liquidated damages, damages, expenses incurred by party b to realize the creditor's rights (including but not limited to legal fees, arbitration fees, preservation fees, announcement fees, evaluation fees, appraisal fees, auction fees, travel expenses, telecommunication fees, attorney fees, etc.) and

article 3, guarantee method

3.1 party a's guarantee method is joint and several liability guarantee. When the debtor of the main contract fails to perform the repayment obligations as agreed in the main contract, if losses are caused to Party B, Party B has the right to directly recover from Party A, and Party A shall immediately pay off the principal creditor's rights to Party B..

3.2 if there are other guarantees (including but not limited to the guarantees provided by the debtor of the main contract to Party B) under the main contract, Party B has the right to exercise the rights under this contract in priority and ask Party A to undertake joint and several guarantee responsibilities. Party A's guarantee responsibilities to Party B are not affected by any other guarantees, and its guarantee responsibilities are not based on Party B's claim to any other guarantor or litigation/arbitration/enforcement. If Party B abandons or changes the guarantee provided by the debtor of the main contract or the order of the guarantee for any reason, resulting in the loss or reduction of its priority rights and interests under the guarantee of the above-mentioned things, Party A agrees that its guarantee liability under this contract will not be exempted or reduced.

3.3 if party a provides a guarantee for part of the creditor's rights under the main contract, the repayment of any part of the principal creditor's rights will not reduce or exempt party a's guarantee responsibility accordingly, and party a still needs to undertake the guarantee responsibility for the unpaid balance under the main contract within the amount it promises to guarantee.

article 4, guarantee period

4.1 party a's guarantee period is two years from the expiration of the main debt performance period agreed in the independent contract.

4.2 the "expiration date of the performance period of the main debt" mentioned in the preceding paragraph includes the expiration date of each debt when the debtor of the main contract pays off the debt by installments; It also includes the date when the creditor announces the early maturity according to the agreement in the main contract.

article 5, rights and obligations of party a

5.1 party a guarantees that it is a legal entity registered and effectively existing in accordance with the law, has the qualification of guarantor and the ability to pay off debts on its behalf as stipulated by law, and voluntarily undertakes and performs the guarantee responsibilities.

5.2 party a guarantees that the signing of this contract has been approved by the superior competent department of party a or the board of directors, shareholders' meeting and shareholders' meeting of party a in accordance with the laws and the articles of association of the company, and all necessary authorizations have been obtained.

5.3 party a guarantees that its signing and performance of this contract will not violate any regulations or agreements that are binding on party a and its assets, or any guarantee agreements, other agreements signed by party a and others, or any other documents, agreements and commitments that are binding on party a.

5.4 all documents and materials provided by party a to party b are true, accurate, legal and effective.

5.5 party a knows and agrees to all the terms of the main contract, and voluntarily provides a guarantee for the debtor of the main contract, and guarantees to perform joint and several repayment obligations as agreed in this contract.

5.6 party a guarantees that it will not provide any other guarantee beyond its own guarantee ability to the third party during the validity of this contract.

5.7 party a undertakes to provide financial statements such as balance sheet, profit and loss statement and cash flow statement as required by party b during the validity of this contract, and accept the inspection and supervision of party b on its production and operation activities and financial status.

5.8 during the validity period of this contract, the company shall, including but not limited to contracting, leasing, custody, asset restructuring, debt restructuring, shareholding system reform, joint venture, merger (or merger), division, paid transfer of property rights, joint venture (or cooperation), reduce the registered capital, or apply for suspension of business for rectification, dissolution (or cancellation), reorganization, reconciliation and bankruptcy, etc.

5.9 within the validity period of this contract, it shall notify party b in writing within three days after the change of its own system and legal status, including but not limited to being declared to suspend business for rectification, being declared to be closed, being declared to be dissolved (revoked), being applied for reorganization, going bankrupt, or any other situation that may endanger its normal operation and lose its guarantee ability.

5.1 if party a changes its domicile, name and legal representative, it shall notify party b within seven days after the change.

article 6, rights and obligations of party b

6.1 party b has the right to request party a to provide financial reports, financial statements and other materials reflecting its operation and credit standing at any time.

6.2 if the debtor of the main contract repays the debt according to the contract upon the expiration of the debt performance period under the main contract (including the expiration of the main creditor's rights by installments or the creditor's announcement of the early maturity of the debt), Party B has the right to require Party A to undertake joint and several guarantee liabilities according to the agreement in this contract.

article 7, liability for breach of contract

7.1 after this contract comes into effect, both parties shall perform the obligations stipulated in this contract. if either party fails to perform or fails to fully perform the obligations stipulated in this contract, it shall bear the corresponding liabilities for breach of contract and compensate the losses caused to the other party.

article 8, effectiveness of the contract

8.1 this contract shall come into effect as of the date of signing by both parties.

8.2 the validity of this contract is independent of that of the main contract, and it is not invalid because of the invalidity of the main contract. If the main contract is confirmed to be invalid, Party A shall be jointly and severally liable for the debts incurred by the debtor of the main contract due to the return of property or compensation for losses.

article 9, contract assignment, modification and dissolution

9.1 after this contract comes into effect, neither party a nor party b shall modify or dissolve this contract without authorization.

9.2 if party b transfers the principal creditor's rights to a third party within the same validity period, it does not need to obtain the consent of party a, and party a will continue to undertake joint and several guarantee responsibilities within the original guarantee scope.

article 1, settlement of disputes

1.1 disputes arising from the performance of this contract between party a and party b shall be settled through consultation; If negotiation fails, both parties choose the following methods to solve the problem:

□ bring a lawsuit to the people's court where Party B is located;

□ apply to the arbitration commission for arbitration.

1.2 if the above-mentioned dispute settlement method selected by both parties is inconsistent with that selected in the main contract, the dispute settlement method selected in the main contract shall prevail.

article 11 supplementary provisions

11.1 if party a's name, legal representative and address are changed during the validity of this contract without notifying party b in writing, party b shall send all documents to party a according to the information contained in this contract, which shall be deemed as delivery.

11.2 Other matters agreed by both parties

11.3 When the option under this contract is made in the form of □, tick √ in □ to indicate that this clause is applicable, and tick × to indicate that this clause is not applicable.

11.4 Party A, Party B and Party B have the same legal effect.

11.5 The relevant annexes under this contract are an integral part of this contract and have the same legal effect as this contract.

11.6 party b has taken reasonable measures to draw party a's attention to the clauses exempting or limiting party b's responsibilities under this contract, and fully explained the relevant clauses as required by party a; Party A and Party B have no objection to the understanding of all terms and conditions in this contract.

Party A (seal):

Authorized representative (signature):

Signing time: year month day

Party B (seal):

Authorized representative (signature):

Signing time: year month day

Letter of Guarantee Form 2

Lender:

Guarantee. Moreover, the guarantor has read the guaranteed main contract, fully understands the contents of the main platform, and is willing to provide joint liability guarantee for the debts formed by the debtor and the creditor in accordance with the main contract. Therefore, in accordance with the provisions of the Law of the People's Republic of China and the Law of the People's Republic of China on Guarantee, this contract is hereby concluded through consultation between both parties.

I. Types and principal amount of principal creditor's rights guaranteed

The principal creditor's rights guaranteed by the guarantor are the loan principal (in words) issued by the creditor to the debtor under the principal contract: RMB ten thousand Yuan only.

ii. scope of guarantee

2. the scope of guarantee under this contract includes the loan principal, interest, overdue interest, liquidated damages and the expenses of creditors to realize the best value (including but not limited to legal fees, security fees, execution fees, evaluation fees, auction fees, attorney fees, travel expenses, etc.). Personal loan guarantee contract III. Guarantee method.

3. The guarantee provided by the guarantor is joint and several liability guarantee.

iv. guarantee period

4. the guarantee period of the guarantor is two years from the effective date of this agreement to the maturity date of the loan agreed in the main contract.

4.2 if the creditor and the debtor extend the loan for the main contract, the guarantor agrees to continue to undertake the guarantee responsibility, and the guarantee period is two years from the expiration date of the extension.

4.3 in case of any event stipulated by laws, regulations or agreed in the main contract that leads to the early maturity of the loan under the main contract, the creditor has the right to require the guarantor to perform the guarantee responsibility in advance, and the guarantee period of the guarantor shall be two years from the date when the creditor claims that the loan is due in advance.

V. Liability for Guarantee

5.l If the loan under the main contract is due or the creditor announces that the loan is due in advance according to the agreement of the main contract, and the debtor fails to repay the loan principal, interest, overdue interest and other payables in full and on time, the guarantor shall unconditionally pay off all the payables within the scope of guarantee to the creditor immediately.

5.2 if the guarantor performs the guarantee responsibility in time, it shall also bear the litigation costs, lawyers' compensation, travel expenses, notice fees, reminder fees and other related expenses claimed by the creditor.

5.3 whether the creditor has other forms of guarantee (including but not limited to guarantee, mortgage, pledge and other guarantee methods) for the creditor's rights under the main contract, whether the above other guarantee methods are established and effective, whether other guarantees are provided by the debtor himself, whether the creditor claims rights from other guarantors, and whether a third party agrees to undertake all or part of the debts under the main contract, None of the surety's suretyship responsibilities under this contract can be reduced or exempted, and the creditor can directly require the surety to undertake joint and several suretyship responsibilities within the scope of its suretyship according to this contract, and the surety does not raise any objection.

5.4 under the main contract, if there are two or more guarantors, the guarantors shall be jointly and severally liable to the

creditors.

Article 6, Undertakings and Guarantees of Guarantor

6. Provide relevant materials and information according to the requirements of creditors, and ensure their authenticity and integrity; Agree that creditors should supervise and inspect their credit standing and financial status.

6.2 the signing and performance of this guarantee contract is the true expression of the guarantor's will, and there are no legal defects.

6.3 The guarantor shall notify the creditor in writing within 7 days from the date when the following events happen or may happen:

6.3. Where the guarantor or family members have litigation, arbitration, administrative measures, property preservation measures, enforcement measures or other major adverse events that may have a significant adverse impact on the economic situation:

6.3.2 The guarantor sells, leases, transfers or otherwise disposes of all or most of the assets.

6.3.3 The Guarantor's foreign investment is relatively large or it is successful in providing guarantee for the debts of a third party, which has a significant adverse impact on the financial status or performance of the guarantee obligations under this contract;

6.3.4 other events that have a significant adverse impact on the guarantor's financial position or solvency, such as suspected illegal crimes or serious diseases;

6.4 the guarantor promises that the creditor and the debtor do not need the consent of the guarantor to change the main contract, and the guarantor still needs to continue to undertake the guarantee responsibility. However, if the loan amount is increased, the interest rate is raised for non-statutory reasons or the extension is handled, the consent of the guarantor shall be obtained; Otherwise, the Guarantor only undertakes the guarantee liability according to the loan amount, interest rate and term originally agreed in the main contract.

article 7. liability for breach of contract

7. after this contract comes into effect, both the creditor and the guarantor shall perform the obligations stipulated in this contract. if either party has fulfilled the agreed obligations, it shall bear the corresponding liabilities for breach of contract and compensate the losses caused to the other party;

7.2. The guarantor guarantees that it has fulfilled the necessary approval procedures for providing guarantee to the creditor, otherwise, if losses are caused to the creditor from this, the guarantor shall bear full compensation liability to the creditor within the guarantee scope agreed in this contract.

article 8, settlement of disputes

8. in case of any dispute during the performance of this contract, both parties can settle it through negotiation. If negotiation fails, it shall be settled under the jurisdiction of the court where the creditor is domiciled.

8.2 during the dispute settlement period, the clauses of this contract that are not involved in the dispute shall still be performed.

article 9, other agreed matters

9. if other security rights are set in the principal creditor's rights of this contract, the creditor may choose to make the security rights in order (including simultaneous or sequential) to realize the creditor's rights.

9.2 if each party sends a big message to the other party at the mailing address specified in this contract, it shall be deemed as delivered within a reasonable time after the communication is sent; If the mailing address is changed, the other party shall be informed in writing in time. 9.3

. Text and entry into force

.l The original of this contract is in duplicate, with each party holding one copy.