When borrowing money, if there is a guarantor, it must be signed by the guarantor himself. If the guarantor himself does not sign the loan slip, the guarantee relationship cannot be established and the guarantor will not bear the guarantee responsibility. In addition to the guarantor, the borrower must also sign the IOU, and the signatures of the guarantor and the borrower cannot be signed by others.

1. Does the guarantor of the IOU need to sign?

The guarantor of the loan must sign. 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. If the guarantor does not sign the guarantee contract or the guarantor in the loan contract, the guarantor and the lender will not establish the guarantee contract contact, and there will be no guarantee responsibility.

Second, how is the guarantee period stipulated?

Civil code of People's Republic of China (PRC) (202 1, 1, 1 came into force)

Article 692 The suretyship period is the period during which the surety is determined to undertake the suretyship liability, and may not be suspended, interrupted or extended.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period expires before or at the same time as the performance period of the principal debt, it is deemed that there is no agreement; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.

Where the creditor and the debtor have not agreed or clearly agreed on the time limit for the performance of the principal debt, the guarantee period shall be counted from the date when the grace period for the creditor to request the debtor to perform the debt expires.

Article 693 During the suretyship period, if the creditor of the general suretyship fails to bring a lawsuit against the debtor or apply for arbitration, the surety shall no longer be liable for suretyship.

If the creditor of joint and several liability guarantee fails to ask the guarantor to bear the guarantee responsibility during the guarantee period, the guarantor will no longer bear the guarantee responsibility.

Article 694 Where a creditor who is generally guaranteed brings a lawsuit or applies for arbitration against the debtor before the expiration of the guarantee period, the limitation of action for the guaranteed debt shall be counted from the date when the guarantor's right to refuse to undertake the guarantee liability is extinguished.

Where the creditor of joint and several liability guarantee requests the guarantor to assume the guarantee responsibility before the expiration of the guarantee period, the limitation of action for the guaranteed debt shall be calculated from the date when the creditor requests the guarantor to assume the guarantee responsibility.

Although it is not necessary to have a guarantor to borrow money, having a guarantor is more secure for creditors. As for the guarantor's signature, this is the most basic common sense problem. In addition, it is best for the creditor to reach a clear agreement with the guarantor in advance, otherwise, the legal guarantee period is within 6 months after the debt repayment period expires.