Collection of guarantor qualification requirements
First, legal persons, other organizations or citizens who have the ability to pay off debts on their behalf can act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation ability enters into a guarantee contract as a guarantor and then requests to be exempted from the guarantee responsibility on the grounds that he does not have compensation ability, the people will not support it.
Second, according to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.
Three, can be used as a guarantor, including: registered in accordance with the law to obtain a business license of wholly-owned enterprises, partnerships; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.
Fourth, if a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.
Fifth, public institutions and social organizations aiming at public welfare shall not be used as guarantors, while those engaged in business activities shall be used as guarantors. If there are no other circumstances that cause the guarantee contract to be invalid, the guarantee contract signed by it shall be deemed valid.
Sixth, in the process of accepting loans from foreign governments or international economic organizations, with the approval of the State Council, state organs may act as guarantors, but they may not act as guarantors under other circumstances.
Second, the term of the loan guarantor of rural credit cooperatives?
Guarantee is divided into general guarantee and joint liability guarantee. Credit cooperatives generally adopt joint and several liability guarantee. The guarantee period is generally agreed within two years after the expiration. If there is no agreement, you can refer to the following:
Article 25 of the Guarantee Law: If the guarantee contract stipulates that the guarantor shall bear the guarantee responsibility until the principal and interest of the principal debt are fully paid off, it is deemed that the agreement is unclear, and the guarantee period is two years from the date of the expiration of the principal debt.
Therefore, if you guarantee on July 1 1 day, 2005, the loan will expire on July-10/day, 2006, and the credit cooperative will have no guarantee period on August 6, 2007.
Three, rural credit cooperatives loan guarantor several years failure
The term of the loan guarantor of rural credit cooperatives is generally agreed by both parties, and the guarantee period is generally within two years after the expiration. Rural credit cooperatives basically adopt joint and several liability guarantee. If there is no agreement, according to Article 25 of the Guarantee Law, the guarantee period shall be two years from the date when the main debt expires.
:
1. The loan of rural credit cooperatives is applicable to farmers with rural hukou who are mainly engaged in rural land cultivation or other production and business activities related to rural economic development. In the service area of rural credit cooperatives, enterprises (legal persons), other economic organizations, individual industrial and commercial households or natural persons with China nationality and full capacity for civil conduct approved and registered by the administrative department for industry and commerce may apply for loans from local rural credit cooperatives.
2 for credit cooperatives loan process:
1) Credit rating of farmers. The credit rating of farmers is divided into three grades: excellent, good and general. The credit rating of farmers is determined by the basic situation of farmers, assets and liabilities, production and operation, reputation and other indicators.
2) Approve the credit line of farmers. According to the credit rating of farmers, farmers' capital demand and bank credit, the loan amount is issued.
3) After the line inspection is completed, the loan certificate will be issued to the successful licensee. Take households as the unit, and each household has one certificate.
4) loan application. When farmers apply for loans, they can apply for loans within the credit line with their loan certificates and valid ID cards (or household registration books).
5) Loan issuance and regular repayment.
3. Community loans
1) The borrower is a shareholder of the company's loan lead institution and has opened a deposit account in this institution.
2) The purpose of the loan conforms to the national industrial policy, the production and operation are normal, the operating performance is good, and the principal and interest of the loan can be repaid on schedule.
3) Good credit and no record of non-performing loans.
4) Can provide effective guarantee or mortgage (pledge) of movable property, real estate and rights and interests.
5) Other conditions stipulated by the lender.
4 rural credit cooperatives loan guarantor conditions:
The loan guarantor conditions of rural credit cooperatives are relatively simple, as long as the loan guarantor of rural credit cooperatives has sufficient repayment ability, good credit record and has not done anything illegal. Those who meet the above conditions can serve as guarantors of loans from others in rural credit cooperatives.
Four, rural credit cooperatives loan guarantor responsibility period
If it is overdue (overdue for more than two years) and the bank does not claim the guarantee responsibility from AB, the guarantee responsibility will be released.