If you agree, you must bear the guarantee responsibility, otherwise how can there be integrity? But it depends on whether you have signed a guarantee contract with the bank, or signed the relevant third-party guarantee signature on the loan contract (if the husband and wife have the same property, both parties need to sign), or issued a separate commitment letter agreeing to guarantee. If the guarantee procedures are complete, legal and effective, you can only bear joint and several liability.

Second, the loan guarantor has the conditions

1. A legal person, other organization or citizen who has the ability to pay off debts on his behalf may act as a guarantor. 2. State organs shall not act as guarantors, except that loans from foreign governments or international economic organizations are used for lending with the approval of the State Council. 3, schools, kindergartens, hospitals and other public institutions and social organizations for the purpose of public welfare shall not become guarantors. 4. Branches and functional departments of an enterprise as a legal person shall not act as guarantors.

Article 683 of the Civil Code of People's Republic of China (PRC)

A legal person organ may not act as a guarantor, except for loans to foreign governments or international economic organizations approved by the State Council. A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.

Third, how to find a guarantor for bank loans?

① Relatives and friends: Under normal circumstances, we usually invite relatives, friends or colleagues and other people we know and are familiar with as guarantors, such as parents, siblings, relatives and friends. But in general, husband and wife can't vouch for the same person at the same time.

② Agency: If you can't find it, you can also find a special guarantee company. First consult and select the guarantee company, and then submit the loan application, identity certificate and projects accepted by the industrial insurance company to the guarantee company. Then the guarantee company will conduct a comprehensive and all-round investigation, and then conduct examination and approval after the investigation.

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1. The responsibility assumed by the guarantor will expire in a few years.

The guarantor's responsibility is generally six months. The legal basis is that the sixth party of the civil law can agree on the guarantee period, but if the agreed guarantee period expires before or at the same time as the performance period of the main debt, it is deemed that there is no agreement; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.

2. Will the responsibility of the guarantor endanger the family?

No responsibility, only responsible for the guarantor, not the guarantor's family. If the debtor pays off the debt, the guarantor does not need to bear the responsibility. If the debtor can't pay off the debt, it depends on the guarantor's signature. If it is a general guarantee, it is necessary to ask the guarantor for compensation until the debtor is really unable to repay it. If it is a joint and several liability guarantee, the creditor's right requires the guarantor to compensate for the guarantee amount specified in the guarantee amount), and the guarantor can obtain the subrogation right after compensation and ask the debtor to repay its compensation.

3. Why should the real estate license be the guarantor?

The bank requires you to show your real estate license. When your friend is unable to repay the debt, are you able to repay it? Although you didn't use real estate as collateral for his loan, when your friend is unable to repay the debt, the bank requires you to bear the guarantee responsibility, and you have no other property to bear the responsibility of paying off the debt with your real estate.

4. How does the guarantor protect himself?

In fact, when all the risks as a loan guarantor are unsecured, it is suggested that the loan guarantor learn to "provide counter-guarantee to protect himself." Article 4 of China's Guarantee Law stipulates: "When a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee." Counter-guarantee is a guarantee specially set up for the secured debt.

When the debtor asks for a guarantee, the guarantor has the right to ask him to provide the corresponding person or thing as a prerequisite for his undertaking the guarantee responsibility. Share, in the contract with heavy guarantee responsibility, the greater the anti-guarantee responsibility is established, the risk borne by each guarantor is relatively reduced.