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According to the Guarantee Law of People's Republic of China (PRC):

Article 18 Joint and several liability guarantee

If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 30 Exemption from Warranty Liability

In any of the following circumstances, the guarantor shall not bear civil liability:

(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;

(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.

Extended data:

According to the general principles of loans:

Article 21 A lender must be approved by the People's Bank of China to operate the loan business, hold the License for Legal Person of Financial Institution or the Business License of Financial Institution issued by the People's Bank of China, and be approved and registered by the administrative department for industry and commerce.

Article 22 Rights of Lenders

To independently review and decide on loans according to loan conditions and loan procedures, and have the right to refuse any unit or individual to force them to issue loans or provide guarantees, except for specific loans approved by the State Council.

1. Ask the borrower to provide information related to the loan;

Two, according to the borrower's conditions, decide whether to loan, loan amount, duration and interest rate;

Three, understand the borrower's production and business activities and financial activities;

Four, according to the contract from the borrower's account to collect the loan principal and interest;

Five, the borrower fails to perform the obligations stipulated in the loan contract, the lender has the right to require the borrower to repay the loan in advance or stop paying the loan not used according to the contract;

Six, in the loan will suffer or have suffered losses, according to the provisions of the contract, take measures to make the loan from losses.

Article 23 Obligations of the Lender:

1. The type, term and interest rate of loans operated shall be announced, and the borrower shall be consulted.

Two, the credit content of the loan review and the conditions for issuing loans should be made public.

Three, the lender should consider the borrower's loan application, and timely reply whether the loan. The response time of short-term loans shall not exceed 1 month, and the response time of medium-and long-term loans shall not exceed 6 months; Unless otherwise stipulated by the state.

Four, the borrower's debt, finance, production and operation should be kept confidential, except for inquiries according to law.

Article 24 Restrictions on Lenders:

1. Loans must be issued in strict accordance with the relevant provisions of Article 39 of the Law of People's Republic of China (PRC) Commercial Bank on the management of asset-liability ratio. Article 40 stipulates that the conditions for granting credit loans and loans guaranteed by related parties shall not be better than those of other borrowers.

Two, the borrower has one of the following circumstances, shall not issue loans:

(a) do not have the qualifications and conditions stipulated in Article 17 of Chapter IV of these General Rules;

(two) production, operation or investment in products and projects prohibited by the state;

(3) Violating the provisions of the State on foreign exchange control;

(four) the construction project has not obtained the approval documents, and shall be reported to the relevant departments for approval in accordance with the provisions of the state;

(five) the production, operation or investment projects have not obtained the permission of the environmental protection department;

(six) in the process of institutional changes such as contracting, leasing, joint venture, merger (merger), cooperation, division, paid transfer of property rights, and shareholding system reform. , the original loan debt is not paid off, the original loan debt is implemented or the corresponding guarantee is provided;

(seven) there are other serious illegal business practices.

Three, without the approval of the people's Bank of China, foreign currency loans may not be issued to natural persons.

Four, self loans and specific loans, in addition to the provisions of the people's Bank of China interest, shall not charge any other fees; Entrusted loans, in addition to the provisions of the people's Bank of China to collect fees, shall not charge any other fees.

Five, shall not advance funds to the client, unless otherwise stipulated by the state.

Six, strictly control credit loans, and actively promote secured loans.