The guarantor and the creditor must sign a guarantee contract to provide a guarantee for the debtor. The essence of a suretyship contract is to set an obligation on the guarantor, who should express his true intention of agreeing to undertake the suretyship responsibility, and the guarantor must be present to sign it. If the guarantor is a unit, it shall be stamped with the seal of the unit or signed by the legal representative.

Legal analysis

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. Therefore, as a guarantor, you must sign the agreement on the spot, which is the most basic condition for fulfilling the guarantor's obligations. Usually, the guarantor must sign on the spot to take effect. The guarantor needs to know himself and his responsibilities. If the borrower cannot repay the debt, it shall be borne by the guarantor. A guarantor and a creditor may conclude a maximum amount guarantee contract through consultation, and agree to provide guarantee for creditor's rights that occur continuously within a certain period within the maximum amount of creditor's rights.

legal ground

People's Republic of China (PRC) Civil Code

Article 690 A guarantor and a creditor may enter into a maximum amount guarantee contract through consultation, stipulating that the creditor's rights that occur continuously within a certain period of time shall be guaranteed within the maximum amount of creditor's rights. In addition to the provisions of this chapter, the maximum amount guarantee shall be governed by the relevant provisions of the maximum amount mortgage in Part II of this Law.

Article 143 A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.