Being present is to prove the fact of the guarantee, and the guarantor knows the fact and agrees to bear the corresponding responsibility.
Otherwise, there is no way to prove the facts of the guarantor, and the law will not admit it. Once something happens, the guarantor will not bear the responsibility.
The loan guarantor must sign on the spot. If the guarantor is a company, it shall be stamped with the company seal or signed by the legal representative.
The loan guarantor establishes a guarantee contract relationship with the lender. The guarantor does not sign the guarantee contract or the guarantor in the loan contract, and the guarantor and the lender do not establish a guarantee contract relationship, so there is no guarantee responsibility.
As a guarantor, you must sign an agreement on the spot, which is the most basic condition for fulfilling the guarantor's obligations.
legal ground
People's Republic of China (PRC) Civil Code
Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. Article 391 Where a third party provides a guarantee and the creditor allows the debtor to assign all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding guarantee liability. Article 409 The mortgagee may give up the mortgage or the ranking of the mortgage. The mortgagee and the mortgagor may agree to change the mortgage order and the amount of secured creditor's rights. However, without the written consent of other mortgagees, the change of mortgage right shall not adversely affect other mortgagees.
If the debtor mortgages his own property, and the mortgagee abandons the mortgage, the mortgage order or changes the mortgage, other guarantors shall be exempted from the guarantee liability within the scope of the mortgagee's loss of priority rights, except that other guarantors promise to still provide the guarantee.