Guarantee is risky, so be careful! In life, many people are guarantors for others out of kindness, but in the end they become "scapegoats" because lenders are unable to repay loans, and they must help lenders repay them. So, how can the guarantor avoid the risk of guarantee liability?
1. The lender may be required to provide counter-guarantee.
As a guarantor, when providing a guarantee for the lender, the guarantor may require the lender to provide a counter-guarantee to ensure the interests of the guarantor. In life, when banks, guarantee companies and other financial institutions provide guarantees for lenders, almost everyone will ask for counter-guarantees. Now more and more people ask guarantors to provide counter-guarantees.
2. Fully understand the credit qualification of the lender.
Usually, the poor credit judgment of the lender comes from the contact between the guarantor and him. However, it can also be investigated by acquaintances or friends around the guarantor to get a comprehensive understanding.
3. Is the lender able to repay the loan?
Before making a guarantee, we must first examine whether the lender has the repayment ability. The repayment ability of the lender specifically refers to whether the property ownership belongs to the lender and whether the property is mortgaged to others. Secondly, it is necessary to examine how much the lender is in debt.
4. Try to give priority to joint and several liability guarantee.
Try to give priority to with general guarantee. General guarantee means that the guarantor can refuse to undertake the guarantee responsibility to the lender before the contract is tried or arbitrated and the lender's property is not enforced according to law. Joint and several liability guarantee, once the guarantor fails to perform the debt within the time limit, the creditor may ask the guarantor or the guarantor to bear the responsibility, and the guarantor shall not shirk the guarantee responsibility for any reason.
What are the preventive measures for bank loan risks?
In short, the preventive measures for bank loan risks are to do a good job in three aspects, namely, pre-loan review, loan approval and post-loan management:
1, review before lending, and specifically do a good job in customer credit rating and credit line;
2, loan approval, for the customer's loan application, the formal requirements and substantive requirements are complete, before approving the issuance of credit funds;
3. Post-loan management, monitoring whether the use of customers' funds meets the requirements of bank credit, and requiring customers to implement rectification in time in case of illegal use.
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Precautionary measures for bank loan risks mainly include the following aspects: First, strengthen access management and decisively and legally collect suspicious loans. Then strengthen early warning and monitoring to achieve the effect of early detection, early warning and early disposal. After that, we should speed up credit adjustment, actively increase credit withdrawal, and effectively prevent the deterioration of credit asset quality. Finally, strengthen post-loan management, formulate a sound risk monitoring program, and resolve potential risks in a timely manner. I hope my answer is useful to you.
How to reduce credit risk
Credit risk management is the main content of commercial bank management. At present, China's economy is in the transition period from planned economy to market economy. The low quality of credit assets and increased financial risks are urgent problems faced by state-owned commercial banks. The following are the measures I shared on how to reduce credit risk. I hope it works for you.
How to reduce credit risk
Internal risk
1, quality risk. It refers to the credit risk caused by the personal quality of credit personnel, including professional quality and moral quality. It is generally difficult for loan officers with low professional quality to make a correct judgment on a loan, thus increasing the risk of the loan; Credit personnel with poor moral quality are likely to lead to moral hazard.
2. Procedural risks. Complex credit approval procedures often make the loan risk difficult to control, and sometimes even increase the risk.
3. Manage risks. Post-loan management is an important part of credit management, and whether post-loan management can be put in place is the key to whether the loan can be recovered normally. Judging from the current management mechanism, post-loan management is still a mere formality, going through the motions or not in place to varying degrees, which brings certain hidden dangers to the safe recovery of loans.
4. Policy risks. The establishment and development of each kind of credit business is based on the corresponding credit policy, but in reality, it is sometimes difficult for credit business to adapt to the changes of credit policy.
External risk
1, operational risk. For the borrower, once the loan is obtained, the initiative is transferred to the borrower, and the use and return of the loan are mainly controlled by the borrower. Lenders can neither participate in the management of borrowers nor interfere in their business decisions. The risk of borrower's operation will directly affect the security of rural credit cooperatives' loans, which will lead to the risk of rural credit cooperatives' loans.
2. Intermediary risk. Some accounting firms, appraisal companies and other intermediaries will issue untrue reports for borrowers to conceal their financial status for immediate interests or some improper gains. This practice makes rural credit cooperatives issue loans wrongly under the misleading of untrue information, resulting in greater potential risks.
3. Administrative risks. As a non-bank financial institution, although rural credit cooperatives are not managed by the local government in personnel, administration and business, it does not mean that they are not affected by the local government, and sometimes the influence is relatively large.
4. Credit risk. The borrower's willingness to repay is related to the personal morality of its legal representative, and the borrower with strong repayment ability may not be strong; Borrowers with weak repayment ability are not necessarily poor in repayment willingness.
The main reasons for the formation of credit risk
(1) Historical reasons. Due to historical and institutional reasons, the non-performing loans formed in the long-term operation of rural credit cooperatives have become an insurmountable historical burden. When it was managed by China Agricultural Bank, rural credit cooperatives became the "small treasury" of China Agricultural Bank, and when it was managed by China People's Bank, it became the "private land" of China People's Bank. These non-performing loans caused by past government actions account for almost one-third of the total non-performing loans. So far, it is difficult to implement the debt, and it is even more difficult to recover it, which has basically formed a loss.
(2) The reason of management system. Since 1994 was decoupled from the Agricultural Bank of China, rural credit cooperatives have been continuously reforming, but they have never formed an effective management system. The corporate governance structure is imperfect, the property right system is unclear, the management system is relatively backward, and there is a lack of proper self-restraint mechanism and risk prevention mechanism, which leads to the credit asset management becoming a "conscience account" and repeated violations, which cannot meet the needs of modern financial enterprises. Especially in recent years, the banking supervision department has evaluated the risk level of credit cooperatives, and many credit cooperatives have become high-risk or insolvent. In order to increase profits, many credit cooperatives throw off their hats, cover up the risks of credit cooperatives by expanding the scale of deposits and loans, dilute non-performing assets by expanding the scale of loans, emphasize management, scale, quality, increment and stock, and even collect interest by loans. On the surface, the proportion of non-performing loans has decreased, but in fact, the total amount of non-performing loans has not decreased, and it has formed a very bad negative impact in society, which has led some borrowers to form a sense of comparison, no sense of repayment, and even unwilling to repay.
(3) Serious moral hazard. The first is the moral hazard caused by the low quality of personnel. Because the employees of credit cooperatives are mostly inbreeding, their quality is relatively low, they lack good professional quality, and there is no corresponding supervision and restriction mechanism. The credit risk caused by the professional ethics of employees is getting worse and worse, which has become one of the biggest risks of credit funds of rural credit cooperatives. The second is the moral hazard caused by the black-box operation of credit personnel. In business operation, credit officers do not act according to rules and regulations, lend freely, and have serious relationship loans and human loans; Some credit officers don't do things without giving benefits, do things in disorder, and eat and take cards seriously, which leads to the phenomenon that "honest people can't get loans, and those who get loans are not good people", and a large number of people with bad reputation and poor character become "golden customers" of credit cooperatives; There are also loan officers and lenders colluding with each other and leaking information to lenders, resulting in loan losses. The third is the moral hazard caused by poor employment. There is a lack of scientific evaluation mechanism for the selection and employment of credit cooperatives, and the phenomenon of cronyism and power and money trading still exists. Some so-called "capable people" who are good at finding jobs have taken the leadership positions of credit cooperatives. These people regard the funds of credit cooperatives as their "private land", lend freely, and are keen on issuing personal loans, relationship loans and large loans. In order to avoid the supervision of the higher authorities, the illegal operations are mainly manifested in lending and impersonating loans. What's more, the loans were all made with fake names and fake ID cards, and the real borrowers didn't sign a word. Once the loan becomes risky, they can't.
(D) The credit risk prevention mechanism is not perfect. First, the loan "three investigations" are a mere formality, and the pre-loan investigation lacks scientific and comprehensive investigation and demonstration. Lenders sometimes make hasty decisions based on the oral statements of lenders. Some loan review is actually the decision of the social leaders, and the loan review team is useless. Post-loan inspection is a mere formality. Only when filling out the file, they signed the post-loan tracking form, and after the loan was released, no one asked. Second, the loan guarantee mortgage exists in name only. The phenomenon of invalid mortgage and insufficient mortgage value occurs from time to time. Some secured loans are mutual insurance of husband and wife, father and son, and joint guarantee loans are in the form of father loans, son and wife guarantees or mutual insurance of lenders, which simply evade the inspection of higher authorities and have no guarantee effect. Some mortgages are not registered, which leads to repeated mortgages and excessive loan risk. Fourth, accountability is not in place. Credit cooperatives have no strict accountability system and loss compensation punishment system for those responsible for the loss of credit funds. For those responsible for the huge losses caused by credit cooperatives, the superior management department is unwilling or afraid to hand them over to the economic investigation department or the judicial department, and the internal treatment will give the laid-off workers the punishment of collecting loans or expelling them at most. Some leaders instigated or instructed their subordinates to issue loans in violation of regulations seriously, resulting in a large number of loan losses. If they leave, their responsibilities will not be investigated, forming a vicious circle. The illegal cost is too low to form an effective industry self-discipline and heteronomy mechanism, which leads to a kind of luck psychology and comparison psychology of credit personnel and does not form a deterrent mechanism.
(5) the legal concept is indifferent. Some loan officers are of low quality and do not learn, know or understand the law. Some loan officers don't know how to guard against risks when issuing loans, don't evaluate or register the collateral, or the collateral doesn't have mortgage qualification, which leads to invalid mortgage and can't get priority compensation when risks occur; Some do not detain the pledge, do not go through the pledge registration and transfer procedures, or return the pledge to themselves without authorization, forming an invalid pledge; Some people think that it is not illegal to issue holiday loans and fake loans, but they think that it is just a loan violation? ; In the process of collection, I don't know how to protect the creditor's rights of credit cooperatives, and I often can't protect them because the loan loses its statute of limitations; And so on reflect the essence of the indifference of credit personnel's legal concept.
Main characteristics of credit risk
(1) objectivity
As long as there is credit activity, credit risk does not exist objectively with people's will as the transfer. To be exact, risk-free credit activities do not exist in real banking work.
conceal
The uncertainty loss of credit itself is likely to be covered up by its appearance because of its credit characteristics.
(3) Diffusibility.
The loss of bank funds caused by credit risk not only affects the survival and development of the bank itself, but also causes a chain reaction.
(4) controllability
It means that banks can identify and predict risks in advance, prevent them in the process and resolve them afterwards according to certain methods and systems.
Credit risk control means?
Credit risk is the main risk of commercial banks in China. At present, the credit risk management level of commercial banks in China is low, and the traditional credit risk management lacks the concept of initiative. The following is what I shared, I hope it will be useful to you.
First, revise and improve various credit management systems, ensure coordination, cooperation and restriction among various systems, and ensure the implementation of various credit management systems. First of all, improve the credit file management from the system. As soon as possible, formulate and implement the implementation measures for the management of credit files, clarify the collection, transfer and inspection of credit files, designate a special person to be responsible, and regularly check and assess the implementation. For the problem of false financial information of enterprises, we can consider establishing "four-conformity audit" and "liability compensation system for inaccurate financial statement audit" Specifically, on the one hand, the bank itself checks the general ledger, subsidiary ledger, original vouchers and important physical objects of the borrowing enterprise to achieve "four conformity"; On the other hand, you can sign a contract with an accounting firm to entrust the firm to audit the financial statements of the bank loan applicant and issue an audit report as the basis for the bank to approve the loan. At the same time, it is stipulated in the contract that if the loan loss is caused by its false report, the CPA himself and his firm are responsible for fully compensating the losses suffered by the bank.
Secondly, further improve the risk control systems such as credit authorization, separation of loan review, grading approval, collective approval and loan "three checks" with loan risk management as the core. Including: when handling credit business, strictly follow the business process, post licensing rights and conditions for exercising licensing rights, strengthen mutual supervision and restriction between different positions and departments, implement risk control throughout the business process, and put an end to all kinds of violations; Formulate the methods and implementation details of pre-loan investigation, in-loan inspection and post-loan inspection, and stipulate the contents, investigation methods and verification means to avoid becoming a mere formality. At the same time, establish and improve the post responsibility system, implement the credit management responsibility to every department, every post and everyone, and conduct strict assessment to prevent violations.
Two, establish and improve the specialized credit management institutions, prevent excessive concentration of credit power, and implement democratic and scientific credit decision-making. First of all, it is necessary to truly implement the loan approval separation system, allocate the loan approval authority to different functional departments as soon as possible, clarify the work scope, responsibilities and objectives of the loan examination department, and standardize the work system, approval content, approval authority, approval procedures and responsibilities of the loan examination department.
Secondly, for large loans and difficult loans, it is necessary to set up a special loan management Committee to be responsible for the decision-making of loan approval. The Committee may be a non-permanent institution, but it shall be composed of administrative leaders and business experts, and shall be responsible for providing basic information of loan applicants, loan risk analysis reports and expert opinions, and implementing democratic decision-making in loan approval.
Third, the loan risk assessment will be implemented in functional departments independent of the credit business department. Term loan risk assessment is a concrete work to monitor loan risk. It is necessary to make an independent, scientific and objective quantitative assessment of the risk status of each loan during its life cycle. If the loan reaches a certain risk level, relevant departments need to take effective measures to resolve and transfer the risk. Therefore, in order to ensure the objectivity, scientificity and timeliness of loan risk assessment, this work needs to be completed independently by another department independent of the credit business department. The purpose of setting up a special credit management institution is to prevent excessive concentration of credit power and establish a "firewall" in the distribution of credit power by making use of the relative independence of the institution. However, in order to ensure the liquidity of information and ensure that all departments can fully possess and enjoy the collected borrower's credit information, the information circulation system of relevant departments should also be established to prevent the public information from being privately possessed by one department.
3. Establish a system for borrowers to enjoy credit reporting. The above two measures are aimed at solving the credit management problems of individual branches of commercial banks. However, because the business scope of a single branch is limited to a certain area, it is impossible to fully grasp the credit status of existing borrowers, especially future borrowers. Therefore, commercial banks should also establish a borrower's credit information system in their system, so that all their credit business departments can fully grasp the borrower's credit status, local economic implementation, national economic implementation, central and local macro views or microeconomic policies. Borrowers' credit information system can collect borrowers' information with repayment of funds, inability to repay due debts or poor corporate performance and high loan risk. Through the "blacklist of bad borrowers" in the exchange system, its branches are prohibited from issuing new loans to bad borrowers, and effective measures are taken to recover old loans in time.
Main characteristics of credit risk
objectivity
As long as there is credit activity, credit risk does not exist objectively with people's will as the transfer. To be exact, risk-free credit activities do not exist in real banking work.
Second, concealment.
The uncertainty loss of credit itself is likely to be covered up by its appearance because of its credit characteristics.
Three diffusibility.
The loss of bank funds caused by credit risk not only affects the survival and development of the bank itself, but also causes a chain reaction.
Four controllability
It means that banks can identify and predict risks in advance, prevent them in the process and resolve them afterwards according to certain methods and systems.
Basic principles of credit management
Scientific and reasonable credit business management process is essentially a process of avoiding risks and obtaining benefits to ensure the security, liquidity and profitability of credit funds. Every credit business will face many risks, and the basic operation process is to prevent risks and realize benefits through the established operation process and layer-by-layer control of each link. Generally speaking, the management process of a loan is divided into nine links.
1, loan application
When the borrower needs loan funds, it shall apply for a loan in the manner and content required by the lender, abide by the principle of honesty and trustworthiness, and promise that the materials provided are true, complete and effective. The basic contents of the application usually include: the borrower's name, enterprise nature, business scope, type, term, amount, method, use, payment plan, debt service plan, etc. , and provide other relevant information according to the requirements of the lender.
2. Acceptance and investigation
After receiving the borrower's loan application, the banking financial institution shall collect the borrower's information in an effective way by the credit personnel in charge of customer relationship management, investigate and analyze its qualification, credit status, financial status and operation, evaluate its credit rating, and evaluate the project benefit and solvency. At the same time, the credit status and financial status of the guarantor should also be analyzed. If collateral is involved, ownership status, market value, liquidity, etc. It must also be analyzed, and the specific credit conditions should be preliminarily negotiated. The loan officer shall write a written report according to the investigation contents, and put forward the investigation conclusions and credit opinions.
3. Risk assessment
Credit personnel of banking financial institutions will submit the investigation conclusions and preliminary loan opinions to the examination and approval department, which will conduct a comprehensive risk assessment on the pre-loan investigation report and loan information, set quantitative or qualitative indicators and standards, review the borrower's situation, repayment sources and guarantees, and comprehensively evaluate risk factors. Risk assessment belongs to the loan decision-making process and is one of the key links in the whole process of loan management.
4. Lending approval
Banking financial institutions shall, in accordance with the principle of "separation of loan approval levels", make a final decision on the loan content and conditions such as the investment, amount, term and interest rate of credit funds, and sign approval opinions step by step.
5. Contract signing
Contract signing emphasizes the principle of agreement commitment. After the loan application is examined and approved, the banking financial institution and the borrower shall sign a written loan contract as a legal document defining the rights and obligations of both borrowers and borrowers. Its basic contents should include the amount, term, interest rate, loan type, purpose, payment method, repayment guarantee, risk disposal and other elements and related details. For guaranteed loans, banking financial institutions also need to sign a written guarantee contract with the guarantor; For mortgage-backed loans, banking financial institutions must also sign mortgage-backed contracts and go through relevant legal procedures such as registration.
6. Lending
The lender shall set up an independent responsible department or post to be responsible for the audit of loan issuance. Before granting the loan, the lender shall confirm that the borrower meets the withdrawal conditions agreed in this contract, manage and control the payment of the loan funds in the manner agreed in this contract, and supervise the use of the loan funds according to the agreed purposes.
7. Loan payment
The lender shall set up an independent responsible department or post to be responsible for the audit and payment operation of loan payment. If the payment is entrusted to the Lender, the Lender shall review whether the transaction data meet the conditions agreed in this Contract. After approval, the loan funds will be paid to the borrower's transaction object through the borrower's account. In the case of payment by the borrower, the lender shall require the borrower to regularly summarize and report the payment of loan funds, and verify whether the loan payment meets the agreed purpose through account analysis, voucher inspection and on-site investigation.
8. Post-loan management
Post-loan management is a kind of credit management behavior that banking financial institutions check or monitor the contract implementation and borrower management after the loan is issued. Its main contents include three aspects: supervising the borrower's loan use, tracking the financial situation and solvency of the enterprise, and checking the integrity of loan collateral and security right. Its main purpose is to urge the borrower to use the loan reasonably according to the purpose agreed in the contract, find and take effective measures to correct and deal with the problem loan in time, give information feedback on the loan investigation, review and approval, and adjust the strategy and content of cooperation with the borrower in time.
9. Loan recovery and disposal
The recovery and disposal of loans is directly related to the realization of the expected income of banking financial institutions and the safety of credit funds. Repaying the principal and interest in full according to the contract when the loan expires is the basic requirement for the borrower to fulfill the loan contract and safeguard the rights and interests of all parties in the credit relationship. Banking financial institutions should prompt borrowers to repay principal and interest in advance; If the loan needs to be extended, the lender shall carefully evaluate the rationality and feasibility of the extension, scientifically determine the extension period, and strengthen post-extension management; If the borrower fails to repay the loan on schedule due to temporary operational difficulties, the lender may negotiate with the borrower to restructure the loan; For non-performing loans, the lender shall write off or preserve them in accordance with relevant regulations and methods. In addition, credit file management is generally needed. After the cancellation of the loan, the credit business has been completed, and the lender shall timely file all the loan information and hand it over to the full-time custodian, responsible for the safety, integrity and confidentiality of the file information.
So much for the introduction of how to control the loan risk.