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What risks does it take to help others make secured loans?
1. If the borrower is unable to repay the loan, the guarantor has the responsibility and obligation to repay the debt. And before the loan is paid off, the guarantor will be restricted by certain loan conditions and the maximum loan amount when borrowing again.
2. According to Article 6 of the Guarantee Law of People's Republic of China (PRC), the term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
What should I do if I help others borrow money and others don't pay it back?
1. If someone fails to repay the loan with your ID card, there is no criminal responsibility involved.
2. Others borrow money with your ID card. Although it is your name, the loan has nothing to do with you as long as you are not present to sign it.
3. According to Article 490 of the General Principles of Civil Law (effective from 202 1, 1), if the parties conclude a contract in the form of a contract, the contract is established when the parties sign and seal it or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Signature must be signed by himself or himself, and notarized power of attorney should be provided for signature.
If you sign or press your fingerprint, you are the debtor. Or there is evidence that the loan funds are actually used by you in part or in whole, you should bear the obligation to repay. If the repayment is not made on time, the bank can enforce it through the court.