In the loan contract, the lender may require the borrower to adopt the following guarantee methods: 1. Promise. Guarantee refers to the agreement between the guarantor and the lender, that is, when the borrower fails to perform the debt, the guarantor will perform the debt according to the agreement and bear the responsibility. There are two main ways to guarantee. One is joint and several liability guarantee, that is, the lender and the guarantor agree that if the borrower fails to perform the debt at the expiration of the loan period, the lender may require the borrower to perform the debt, or the guarantor may be required to assume the guarantee responsibility within the scope of its guarantee. The second is the general guarantee, that is, the lender and the guarantor agree that when the borrower fails to perform the debt after trial or arbitration and the borrower's property is enforced, the guarantor shall bear the guarantee responsibility. 2. Mortgage loan. It means that the borrower or the third party does not transfer the possession of the property stipulated by law and takes the property as the guarantee of the creditor's right. When the borrower fails to perform the debt, the lender has the right to discount according to law or give priority to compensation with the price of auction or sale of property. The scope of collateral shall be legally transferable property, and the mortgage contract shall be registered, and the mortgage contract shall take effect from the date of registration. 3. Take an oath. Including chattel pledge and right pledge. Chattel pledge means that the borrower or the third party transfers his chattel to the lender for possession and takes the property as the guarantee of creditor's rights. When the borrower fails to perform the debt, the lender has the right to discount the movable property or give priority to compensation with the price of auction or sale. The pledge of rights refers to the transfer of property rights other than ownership as the guarantee method of pledge. The following rights can be pledged: bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading; Shares and stocks that can be transferred according to law; Rights such as trademark exclusive right, patent right and property right in copyright that can be transferred according to law. After the lender pays the loan to the borrower, the risk shall be borne by the lender. In order to ensure the realization of creditor's rights and reduce the risk of borrowing, in recent years, China's financial institutions have increasingly adopted the method of guarantee in their credit business. According to the relevant provisions of the Commercial Bank Law. When a commercial bank lends money, the borrower shall provide a guarantee. Commercial banks should conduct a comprehensive review of the repayment ability of the guarantor to determine whether the guarantor has really provided the guarantee; Identify and verify the ownership and value of collateral, find out its property right certificate, and strictly examine the possibility of collateral realization. Only after examination and evaluation by commercial banks, it is confirmed that the borrower has good credit standing and can repay the loan, can guarantee be provided. Therefore, when a financial institution borrows money, the parties concerned shall determine the guarantee method in accordance with the relevant provisions. Where a loan is made between natural persons, the parties may make an agreement on the guarantee according to the actual situation.
What are the common guarantee methods?
How many loan guarantee methods are there? What are they?
There are four ways of guarantee: mortgage, pledge, guarantee, mortgage plus guarantee. 1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender. 2. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation. 3. Mortgage plus guarantee: refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor. 4. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, a third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, the principal and interest have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked.
What are the guarantee methods of the loan contract?
The loan contract is a unilateral contract. After the lender pays the loan to the borrower, the risk shall be borne by the lender. In order to ensure the realization of creditor's rights and reduce the risk of borrowing, in recent years, China's financial institutions have increasingly adopted the method of guarantee in their credit business. According to the provisions of the Guarantee Law, the lender may require the borrower to adopt the following guarantee methods in the loan contract:
Guarantee refers to the agreement between the guarantor and the lender, that is, when the borrower fails to perform the debt, the guarantor will perform the debt according to the agreement and bear the responsibility. There are two main ways to guarantee:
(1) Joint and several liability guarantee, that is, if the lender and the guarantor agree that the borrower will not perform the debt at the expiration of the loan period, the lender may require the borrower to perform the debt, or may require the guarantor to assume the guarantee responsibility within the scope of its guarantee.
(2) General guarantee, that is, the lender and the guarantor agree that when the borrower fails to perform the debt after trial or arbitration, the borrower's property will be enforced, and the guarantor will bear the guarantee responsibility.
Mortgage means that the borrower or the third party does not transfer the possession of the property and takes the property as the guarantee of the creditor's rights. When the borrower fails to perform the debt, the lender has the right to discount according to law or give priority to compensation with the price of auction or sale of property. The scope of collateral shall be legally transferable property, and the mortgage contract shall be registered, and the mortgage contract shall take effect from the date of registration.
Pledge includes chattel pledge and right pledge. Chattel pledge means that the borrower or the third party transfers his chattel to the lender for possession and takes the property as the guarantee of creditor's rights. When the borrower fails to perform the debt, the lender has the right to discount the property or give priority to compensation with the price of auction or sale. The pledge of rights refers to the transfer of property rights other than ownership as the guarantee method of pledge. The following rights can be pledged: bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading; Shares and stocks that can be transferred according to law; Rights such as trademark exclusive right, patent right and property right in copyright that can be transferred according to law.
What aspects can the guarantee method stipulated in the Guarantee Law be applied to?
The first paragraph of Article 2 of the Security Law defines the scope of application of the Security Law in a concrete and abstract way, and stipulates that in economic activities such as lending, buying and selling, goods transportation, processing and contracting, if creditors need to guarantee the realization of their creditor's rights by means of security, they may establish a security in accordance with the provisions of this Law. This provision clarifies that the guarantee law is applicable to the creditor-debtor relationship in economic activities. The so-called economic activities mainly refer to economic activities in civil and commercial matters. Lending, buying and selling, goods transportation and processing contracting are common economic activities in life, but economic activities are not limited to these. Accordingly, the application of other legal relations in social activities to the guarantee law is excluded. For example, the creditor-debtor relationship arising from the management behavior of state organs; Creditor's rights and debts arising from infringement; Creditor's rights and debts arising from personal relationships; The guarantee law does not apply to the creditor-debtor relationship arising from unjust enrichment and negotiorum gestio.
The common guarantee methods in the fund are as follows
Guarantee companies and insurance companies, so far there is no need to cover the bottom.
What are the credit guarantee methods of commercial banks?
What you are talking about is the way that commercial banks ask for guarantees. There are mainly five ways: mortgage, pledge, guarantee, deposit and lien.
By credit guarantee, you mean nothing, relying on credit.
I hope it helps.
What are the commonly used forms of engineering guarantee in the world?
Bidding, performance, payment, advance payment, quality warranty and other guarantees
In the process of engineering construction, () is the most commonly used guarantee method.
Performance guarantee
What is a guarantee? What are the common forms of deposit in construction projects?
Salary ttp:/...22
This may be useful to you.
Construction is mainly a bid bond, and the amount of the bid bond is generally about 2% of the bid price, with a maximum of 800,000.
There is also baike.baidu/view/434692 in this photo.
You can also look at the quality deposit, which means the quality deposit and quality deposit of the building in how many years.
There are several forms to guarantee the effectiveness of the contract.
Once the guarantee contract is signed, it is established, which is the same. However, due to different guarantee methods, their effective methods are also different. (I) Effectiveness of Guarantee Contract There are three main situations in loan contracts: First, a third party signs a guarantee contract with the lender. Ensure that the contract will take effect immediately after being signed; Second, the third party, the lender and the borrower sign a secured loan contract. If there is a guarantee clause in the secured loan contract, or there is no guarantee clause, but the third party signs or seals the column of "guarantor", the guarantee contract is established and takes effect. Third, it is common for the guarantor to issue a letter of guarantee separately. Usually, the third party signs or seals the formatted "irrevocable letter of guarantee" issued by the lender and returns it to the lender. In addition, written documents issued by a third party, including letters and faxes, also belong to the scope of the letter of guarantee. In this case, as long as the lender does not explicitly refuse, the guarantee contract shall be deemed to be established and valid. It can be seen that guarantee is a kind of legal commitment, and the guarantee contract will take effect immediately after it is signed. (II) Effectiveness of Mortgage The mortgage in a loan contract means that the borrower or a third party does not transfer the possession of the property listed in Article 34 of the Guarantee Law, and uses the property as a guarantee for the borrower to repay the loan. When the borrower fails to repay the loan on time, the lender has the right to discount the property or give priority to compensation with the price of auction or sale of the property. Among them, the lender is called the mortgagee, and the borrower or the third person who mortgages the property is called the mortgagor. There are two ways for the mortgagee and the mortgagor to sign the mortgage contract, one is to sign the mortgage contract separately, and the other is to sign the mortgage clause in the loan contract. However, after the mortgage contract is signed, the mortgage right does not naturally take effect. According to the provisions of Article 42 of the Guarantee Law, anyone who mortgages the property listed in this article must register the mortgaged property with the statutory registration department, and the date of registration is the effective date of the mortgage contract. If the mortgage has not been registered, or the registration authority is not a statutory authority, the mortgage contract will not take effect. Article 43 of the Guarantee Law stipulates that if a mortgagor mortgages other properties than those listed in Article 42, he may voluntarily register the mortgaged property, and the mortgage contract shall take effect upon signing. Therefore, due to the different nature of the mortgaged property, after the signing of the mortgage contract, it can be divided into two situations: it takes effect immediately after signing and it takes effect after registration. However, the second paragraph of Article 43 of the Guarantee Law also stipulates that a person who has not registered the mortgaged property may not confront a third party. Therefore, in order to ensure the safety of credit funds, the General Principles of Loans stipulates that mortgage loans should be signed and registered by the mortgagor and the lender. (III) Effectiveness of Pledge According to Articles 63 and 75 of the Guarantee Law, pledge can be divided into chattel pledge and right pledge. Pledge contract, like mortgage contract, must be in written form, and the signing methods are mainly two ways: signing pledge contract alone and setting pledge clause in loan contract. But they are not only different in the object, that is, the guarantee, but also different in the effective elements of the contract. The effective requirement of some mortgage contracts is to register the mortgaged property, while the effective requirement of pledge contracts is to transfer the possession of the pledged property or register the pledge right.
Among the five forms of guarantee, which is beneficial to the creditor and which is beneficial to the debtor?
Five common ways of guarantee
I. Guarantee that:
It 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.
Second, the mortgage loan:
It means that the debtor or the third party does not transfer the possession of the property and takes the property as the guarantee of the creditor's right.
Third, the chattel (right) pledge:
It means that the debtor or the third party transfers his movable property (right) to the creditor for possession, and takes the movable property (right) as the burden of the creditor's right.
Paul.
Fourth, the lien:
It means that the creditor occupies the debtor's movable property according to the contract, and the debtor fails to perform the debt within the time limit stipulated in the contract, and the creditor has the right to retain the property in accordance with the provisions of this law, and give priority to compensation by discounting the property or auctioning or selling it.
Verb (short for verb) deposit:
It means that the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights.
What are the ways of guarantee? What is the responsibility of the loan guarantor?
There are four ways of guarantee: mortgage, pledge, guarantee, mortgage plus guarantee. The responsibilities of the guarantor include: the guarantor is responsible for all debts, and the scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing the creditor's rights. Article 2 of the Guarantee Law of People's Republic of China (PRC) _ If a creditor needs to guarantee the realization of his creditor's rights in economic activities such as borrowing, trading, cargo transportation, processing and contracting, he may establish a guarantee in accordance with the provisions of this Law. The guarantee methods stipulated in this Law are guarantee, mortgage, pledge, lien and deposit. Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
What is the classification of loan guarantee methods? What are the loan guarantee methods? What are the protection methods?
The loan guarantee methods are classified as follows: mortgage, pledge, guarantee and mortgage plus guarantee. 1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender. 2. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation. 3. Mortgage plus guarantee: refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor. 4. Guarantee: If the borrower fails to provide the mortgage (pledge) in full, a third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, the principal and interest have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. The above is the answer to the small loan guarantee.
What are the ways for individuals to apply for loan guarantees from banks?
Loan guarantee refers to the legal act that the bank requires the borrower to provide guarantee to ensure the realization of loan creditor's rights when issuing loans. In terms of risk control of loans, banks are reluctant to invest in the Internet. An important reason is that the management cost of such loans is high and the benefits are not obvious. So what are the ways for individuals to apply for loan guarantees from banks?
1, natural person guarantee: that is, the lender can apply for a loan from the bank. Your sponsor can be a natural person. Of course, banks have requirements for personal credit records of natural persons. Banks will apply for repayment of past loans from natural persons, and there will be certain requirements for the income level of natural persons. The purpose of banks is to reduce risks.
2. Guarantee companies: At present, there are also professional guarantee companies in the market, but they need national qualification certification. The guarantee company will investigate your personal loan ability, and if there is no problem, it will charge a certain handling fee to guarantee you.
3. Enterprise guarantee: individuals can borrow money from banks, and the loan guarantor can also be an enterprise. The enterprise where the individual belongs can provide loan guarantee for the individual to ensure that the borrower can repay the bank loan on time, and the guarantee of the enterprise can help the individual get the chance of loan success. The enterprise can be the enterprise where the individual is located, and the personal business loan is used to operate related businesses, and the general enterprise will come forward to provide guarantee; When an enterprise applies for a loan from a bank, the guarantee enterprise may be an enterprise related to the interests of the borrowing enterprise.
The above is the introduction of ways for individuals to apply for loan guarantees from banks. I believe that everyone has some understanding through the above, and I hope it will be useful to everyone.
Credit guarantee mode
Credit refers to the form of value movement on the condition of repayment and interest payment. It usually includes credit activities such as bank deposits and loans. The guarantee methods of credit guarantee are: guarantee, mortgage and pledge (deposits and liens are rarely used). 1. Guaranteed loan: refers to a loan issued by a third party promising that the borrower will bear joint and several liabilities as agreed when the loan cannot be repaid. 2. Mortgage loan: refers to the loan issued with the property of the borrower or a third party as collateral. 3. It refers to the loan issued with the movable property or rights of the borrower or a third party as the pledge. Article 388 of the Civil Code 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.
The introduction of the guarantee method of the loan guarantor ends here.