_ _ _ _ _ _ _ _ company, limited company: this guarantor _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (1) Scope of guarantee responsibility: guarantee. (2) Guarantee period: two years, counting from the date of maturity of the independent debt. (3) This guarantee is joint, unconditional, irrevocable and independent. The validity of this guarantee is not affected by the validity of the main contract, and it is not invalid because the main contract is invalid. The guarantor shall be jointly and severally liable for the liabilities that the debtor shall bear due to the invalidity of the main contract. (4) After this letter of guarantee comes into effect, regardless of whether the written or oral consent of the guarantor is obtained, if any terms of the main contract are changed or supplemented, including agreeing to the debtor's delay in performance, the guarantor shall continue to bear joint and several guarantee responsibilities according to this letter of guarantee. (5) The guarantor promises not to recover from the debtor before the debtor pays off all the money under this guarantee or the guarantor pays off all the money on its behalf. (VI) The Guarantor agrees that after receiving your notice to transfer all or part of the creditor's rights to others, this guarantee will remain valid, and the transferee enjoys the same rights as your company without going through any formalities. (7) This guarantee is subject to the jurisdiction of the court where your company is located. (8) This guarantee shall come into effect as of the date of issuance. Guarantor (signature), date of issue: year, month, and attachment: Guarantor's ID number: _ _ _ _ _ _, address:, and how long the guarantee is valid depends on the specific circumstances. If there is a certain guarantee period, it shall be handled according to the agreement. If there is no guarantee period, it is generally 6 months after the expiration of independent debt performance. Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period. If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility. Joint and several liability guarantee, (creditor): _ _ _ _ _ _ Because you (your company) have signed a loan contract with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The Company agrees to perform the following guarantees: (1) The scope of the guarantee agreed by the Company is: 1. The money borrowed by the debtor from the creditor also includes the commitments and obligations made by the debtor outside the loan contract. 2. The amount of guarantee is the debtor's loan principal and interest, penalty interest, liquidated damages, legal fees, arbitration fees, lawyer's agency fees and other legal and reasonable expenses. (2) The Company undertakes the guarantee liability in the form of joint and several guarantee liabilities. (3) The guarantee period undertaken by the company is: within two years from the loan maturity date agreed in the loan contract. 4. The Company waives the right of defense against other guarantee measures. (4) This guarantee is an independent guarantee, which is not affected by the principal creditor's rights and other related contracts. The principal creditor's rights and related contracts are invalid, and the guarantee is still valid and irrevocable. (5) With the consent of the debtor and creditors, the principal creditor's rights shall be extended. Whether the Company is notified or not, the Company will still undertake joint and several guarantee responsibilities, and the guarantee period will be extended accordingly. (VI) Any dispute arising from the performance of this contract may be brought to a court with jurisdiction in Zhengzhou City where the loan contract is signed. (7) This guarantee shall come into effect as of the date when the creditor provides the debtor with the loan. (viii) Others, 1. Before signing this letter of guarantee, our company has fully known and understood all the terms of this letter of guarantee, the contracts involved and other related contracts and agreements, and has no objection to all the terms. 2. Signing this guarantee is the expression of our sense of freedom. We have completely read and understood all the terms of this guarantee, and have no objection. Guarantor (signature):, legal representative or entrusted agent (signature):, date: year month day.
Legal objectivity:
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.