Chapter I General Provisions Article 1 In order to support urban individual housing consumption, develop individual housing loan business and ensure the realization of creditor's rights, these measures are formulated in accordance with the People's Republic of China (PRC) Guarantee Law, People's Republic of China (PRC) Urban Real Estate Management Law, Urban Real Estate Mortgage Management Measures and Individual Housing Loan Management Measures and other laws, regulations and rules. Article 2 The term "house purchase guarantee" as mentioned in these Measures refers to the act that a house purchase guarantee company established in accordance with these Measures (hereinafter referred to as the guarantee company) signs a guarantee contract with the lender to provide joint and several liability guarantee for the borrower to apply for personal housing loan when the borrower cannot meet the requirements of the lender to provide guarantee. Article 3 A house purchase guarantee shall follow the principles of equality, voluntariness, fairness, honesty and credibility. No unit or individual may interfere with the normal business activities of lenders and guarantee companies. Article 4 Where a borrower applies to a guarantee company for providing house purchase guarantee, he shall mortgage his or a third party's legal house to the guarantee company for counter-guarantee. Article 5 The personal housing loan contract signed by the lender and the borrower according to law is the main contract, and the guarantee contract signed by the guarantee company and the lender according to law is the subordinate contract. The master contract is invalid, and the slave contract is invalid. Where there are other provisions in the suretyship contract, such provisions shall prevail.

If the guarantee company, the borrower and the lender are at fault after the guarantee contract is confirmed to be invalid according to law, they shall bear corresponding civil liabilities according to their faults. Sixth the State Council construction administrative departments responsible for the centralized management of housing security.

Construction administrative departments of provinces and autonomous regions shall be in charge of housing security management within their respective administrative areas.

The real estate administrative departments of the people's governments of municipalities directly under the central government and cities under separate state planning shall be responsible for the management of housing purchase security within their respective administrative areas. Chapter II Guarantee Company Article 7 A guarantee company is a real estate intermediary service enterprise with legal personality, which provides professional guarantee for borrowers to handle personal housing loans and collects service fees. Article 8 The establishment of a guarantee company shall be examined by the administrative department of urban real estate and approved by the people's government of the city before applying to the administrative department for industry and commerce for establishment registration and obtaining a business license. Article 9 The organizational form of a guarantee company is a limited liability company or a joint stock limited company. Article 10 The establishment of a guarantee company shall meet the following conditions:

(1) Having its own name and organization;

(2) Having a fixed service place;

(3) The actual capital is not less than 6,543,800,000 yuan;

(4) Having a certain number of turnover rooms;

(five) professional management personnel to meet the needs of the work;

(6) Having articles of association that meet the requirements of the Company Law;

(7) It meets other conditions stipulated in the Company Law and relevant laws and regulations. Article 11 The real capital of a guarantee company mainly comes from the government budget, allocated assets and shares subscribed by key real estate enterprises.

Monetary funds shall be deposited in a wholly state-owned bank designated by the administrative department of urban real estate, or other banks provided with personal housing loan guarantees by guarantee companies. Article 12 A lender shall not hold shares in a guarantee company, and its staff shall not hold part-time jobs in the guarantee company. Thirteenth in principle, there is only one guarantee company in a city, which serves the urban individuals within its administrative area.

Counties (districts) generally do not set up guarantee companies, and counties (districts) with large individual housing loans can set up branches of guarantee companies. Fourteenth guarantee service charges should be reported to the price department at the same level for approval. The guarantee service fee shall be paid by the borrower to the guarantee company. Article 15 A guarantee company shall set up an internal supervision organization to supervise the operation of internal guarantee. Chapter III Establishment of Guarantee Article 16 A borrower shall meet the following conditions when applying for a house purchase guarantee from a guarantee company:

(1) Having full capacity for civil conduct;

(2) Having an official residence or valid residence identity certificate in the town where it is located;

(three) a stable source of income, no bad credit record, and the ability to repay the principal and interest of the loan;

(4) A legal and effective house sales contract has been concluded;

(5) The down payment for house purchase has been paid in full;

(6) It meets other conditions stipulated by the lender and the guarantee company. Seventeenth guarantee companies to provide housing security, should strictly assess the borrower's credit. For borrowers with bad credit, the guarantee company may refuse to provide guarantee. Eighteenth housing security parties shall sign a written guarantee contract. A guarantee contract shall generally include the following contents:

(1) The type and amount of the secured principal creditor's rights;

(2) the time limit for the debtor to perform the debt;

(3) the method of guarantee;

(4)

⑤ Guarantee period;

(6) Other agreed matters. Article 19 The guarantee period of house property right guarantee shall be agreed by the guarantee company and the lender, but it shall not be shorter than the repayment period stipulated in the loan contract and shall not exceed the business period of the guarantee company. Article 20 If the borrower fails to repay the principal and interest of the loan as agreed in the loan contract, the lender may require the guarantee company to assume the debt repayment responsibility within the scope of its guarantee according to the guarantee contract.