Legal analysis
Bank loan references do not need to provide collateral. Colleagues' reference is only the proof of the borrower's work unit, income, capital structure, credit rating and other factors to the bank borrower. If only the witness is not responsible for repayment, there is no joint risk. The loan guarantor is different from the witness. The guarantor needs to bear the responsibility. Usually the guarantor. Bank credit cooperatives require property certificates such as real estate license, driving license and running deposit, as well as income certificates provided by the company's human resources department or finance department, and leave copies as attachments to put in credit files and send them to the competent credit approval department for approval. Because the guarantor of a general guarantee bears unilateral legal liability free of charge, the guarantor has fulfilled his obligations to the guarantor, and the creditor is lazy in exercising his rights, he should be exempted from a certain range of guarantee liability. If it is a reference, the unit may need to issue corresponding certificates for the lender, such as rank certificate, income certificate, or career establishment certificate, etc. Generally speaking, if the certificate issued by the company is true, the issuing company generally has no risk. The general practice of the company is to write a corresponding disclaimer behind the certificate, which only proves the facts and does not assume other responsibilities.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 20 If another person signs or seals the creditor's rights certificate or loan contract such as IOUs, receipts and IOUs, but fails to indicate that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed as the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people's court will not support it.
Article 21 Lenders and borrowers form a loan relationship through the online loan platform. The online lending platform provider only provides media services, and the people's court will not support it if the parties request it to assume the guarantee responsibility. The people's court shall support the online loan platform provider who expressly provides a guarantee for the loan through websites, advertisements and other media or has other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility.