1. How should a bank lender sign an agreement with a guarantor?
When taking a bank loan, the bank generally requires a guarantor, and the bank's contract will have a guarantee clause that requires guarantee. person signature. The lender is bound, but without the consent of the bank, the terms exempting or reducing the guarantor's liability are invalid. Changing the guarantee contract requires the consent of the bank.
2. What should the guarantor do if he finds out that the lender has given the money to someone else and no longer wants to guarantee it?
1. Generally, the guarantor cannot cancel the guarantee unless the creditor agrees. Guarantee is a contract. As long as a guarantee contract is signed, if both parties to the guarantee contract cannot agree to terminate it through negotiation, the guarantor must bear the guarantee liability.
2. The guarantee cannot be revoked and can only last until the borrower pays off the debt. According to bank loan operating regulations, the debt can be transferred to others unless the guarantor, borrower, and credit union are all three parties.
3. How should a bank lender sign an agreement with a guarantor?
How should a bank lender sign an agreement with a guarantor? When taking a loan from a bank, the bank generally requires a guarantor. There will be a guarantee clause in the contract that requires the signature of the guarantor. The agreement signed by the lender and the guarantor is binding on both parties, but without the consent of the bank, the terms exempting or reducing the guarantor's liability are invalid. Changing the guarantee contract requires the consent of the bank.
Guarantor and Lender Agreement Private Loan Guarantee Contract 1 Borrower: Guarantor: Lender: The parties to this contract shall comply with the Contract Law of the People's Republic of China and the People's Republic of China. *The Guarantee Law of the People's Republic of China", the "General Principles of the People's Republic of China and the Civil Law" and other provisions, in line with the principles of equality, voluntariness, honesty and trustworthiness, and consensus through consultation, in order to clarify responsibilities and abide by credit, we sign this contract and guarantee** *Abide by the same. Part One Loan Terms Article 1 Purpose of Loan: The loan under this contract is used and must be used legally. Article 2 Loan amount: The loan amount is in RMB (uppercase): ten thousand yuan, lowercase: ￥ yuan (if the uppercase and lowercase letters are inconsistent, the uppercase shall prevail, the same below). Article 3 Loan period: The loan period is months, starting from the year and month day to the year and month day. Article 4 Borrowing interest rate: The (year/month) interest rate during the loan period is. (If the borrower fails to repay the principal when due, the overdue portion will be charged an interest rate of 5% based on the interest rate stipulated in this article) Article 5 Repayment method: The borrower chooses the following repayment method: 1. Repay the principal in one lump sum when due Pay interest and the interest will be paid off along with the principal. 2. Interest is settled on a (month/quarter) basis, and the interest payment date is the principal payment at the end of each (month/quarter). 3. Others. Article 6 If the following circumstances occur, the lender has the right to require the borrower to repay part or all of the loan principal and interest in advance within the agreed period at any time: 1. The borrower uses the borrowed items for illegal activities. 2. The damage or loss of the collateral is insufficient to achieve the purpose of guaranteeing this contract, and the borrower and the guarantor are unable to provide other guarantees acceptable to the lender. 3. The creditworthiness of the borrower or guarantor is in crisis, which may cause the lender to be unable to recover the loan. Article 7 The rights and obligations of the borrower: 1. Truthfully provide relevant certificates, certificates and other materials, and accept the supervision and inspection of the lender; 2. Ensure that the loan is used according to the purpose of the loan and will not be used for illegal activities; 3. In accordance with this clause The contract stipulates that the principal of the loan shall be obtained and the principal and interest of the loan shall be repaid on time. Article 8 The rights and obligations of the lender: 1. Guarantee that the source of funds is legal; 2. Grant loans to the borrower as agreed; 3. Have the right to collect the loan principal and interest as stipulated in this contract, and have the right to exercise guarantee recovery as agreed Claim rights. Part 2 Guarantee Clauses Article 9 Guarantor: In order to ensure that the borrower properly performs its repayment obligations, the guarantor voluntarily guarantees all the property it owns and has the right to dispose of to the lender as a guarantee for the borrower to repay the loan. The guaranteed property under this contract is: The guarantor guarantees that its own property guaranteed meets the guarantee conditions and agrees to be bound by this contract. However, the guarantee assumed by the guarantor is a joint liability guarantee.
Article 10 The scope of the guarantee: covers the loan principal, interest, overdue interest, liquidated damages and all costs incurred by the lender to realize its creditor's rights (including arbitration costs, litigation costs and attorney's fees, etc.) under this contract. When the borrower fails to perform its repayment obligations in accordance with this contract, the lender has the right to directly require the guarantor to assume guarantee liability, regardless of whether the lender has other guarantees for the creditor's rights under this contract. Part Three Liability for Breach of Contract and Other Agreements Article 11 Liability for Breach of Contract: The following situations shall constitute a breach of contract, and the defaulting party shall bear liability for breach of contract: 1. If the documents and certificates provided by the borrower are false or illegal, the lender may request a loan The person shall immediately repay all the borrowed money and corresponding interest, and may exercise the security right under this contract in accordance with the law. 2. If the borrower fails to repay the principal and interest of the loan in full when the repayment period expires, it will be deemed as a serious breach of contract and shall additionally pay the lender a penalty for the entire loan principal and bear all the costs paid by the lender to realize the creditor's rights ( Including arbitration costs, litigation costs and attorney fees, etc.). 3. If the lender cannot grant a loan to the borrower in accordance with the provisions of this contract, it will be deemed a serious breach of contract and shall bear the direct costs paid by other parties and pay the borrower additional penalty for the entire loan principal. 4. If the guarantor causes losses to the lender by concealing the existence, dispute, seizure, guarantee or lease of the collateral, he shall be liable to the lender for compensation. Article 12 Dispute Resolution Method: Any dispute arising during the performance of this contract shall be resolved through negotiation between the parties; if the negotiation fails, it shall be resolved according to the first method below: 1. Submit it to Huaibei Arbitration Commission for arbitration; 2. Submit it to the people in accordance with the law. lawsuit. Article 13 Effectiveness, modification, rescission and termination: 1. Before signing this contract, all parties to the contract have fully understood and accepted the contents of this contract, and all expressions of intention under this contract are true and valid. The parties to the contract choose the following stipulations as the conditions for the validity of this contract: (1) It will take effect upon signature by all parties; (2) It will take effect after being notarized by a notary public. 2. This contract will be terminated after all the principal, interest and related expenses of the loan under this contract have been paid off. 2. If this contract needs to be changed or terminated, all parties to the contract must reach a written agreement. Article 14 This contract is made in duplicate, and each party to the contract shall hold one copy. Borrower (signature or seal): Guarantor (signature or seal): Lender (signature or seal): Year, month -4-day Loan Contract 2 Borrower: (hereinafter referred to as Party A)______________ Contact address: _______________________________________________________ Valid ID number: _______________________________________________ Telephone: ____________________________ Lender: (hereinafter referred to as Party B) ______________ Contact address: ____________________________________________________________ Valid ID number: ____________________________________________ Telephone: ____________________________ Guarantor: (hereinafter referred to as Party C) ______________ Contact address: ____________________________________________________________ Valid ID number: ____________________________________________ Telephone: ____________________________ Party A borrows money from Party B, and Party C guarantees it, and Party B agrees to borrow the money.
In order to safeguard the interests of both parties and clarify their respective rights and obligations, this contract is concluded through consultation and consensus in accordance with relevant legal provisions, and all parties will abide by and implement it. Article 1 Loan Amount The loan amount under this contract is: RMB (uppercase)_______________, (lowercase)_______________. Article 2 The loan period is ____ months, starting from the actual date of Party B’s loan disbursement. Article 3 Purpose of Borrowing The purpose of borrowing under this contract is: __________________________________________________. Without the written consent of Party B, Party A shall not change the purpose of the loan, including but not limited to Party A shall not use it in areas where production and operation are prohibited by the state, shall not be used for any illegal or criminal activities, or shall not be used for any national laws, regulations, and national laws. Projects prohibited by policy or projects that have not been approved in accordance with the law. Article 4 Interest rate and interest calculation 1. Borrowing interest rate is a fixed interest rate. The borrowing interest rate is ______% of the monthly interest rate (lowercase: ____); the contract interest rate remains unchanged during the loan period. 2. Interest calculation Interest is calculated from the actual date of borrowing by Party A, based on the actual loan amount and the number of days the payment is used; Interest calculation formula: interest = principal × actual number of days × daily interest rate; the daily interest rate calculation base is 30 days in a month, and the conversion formula : Daily interest rate = monthly interest rate/30. 3. Interest settlement method □ Interest is settled and paid according to the monthly borrowing date, and the date corresponding to the actual loan date is the interest settlement day and interest payment day. If there is no corresponding day in the month, the last day of the month is the interest settlement day and interest payment day. □ Interest is settled and paid on a natural monthly basis, with the last day of each month being the interest settlement and payment date. If the last payment date of the loan principal is not on the interest payment date, the last payment date of the loan principal shall be the interest payment date, and Party A shall pay all the interest payable. 4. Penalty interest (1) If Party A fails to repay the loan within the agreed time limit, interest will be charged on the overdue portion based on the overdue loan penalty interest rate from the overdue date until the principal and interest are paid off. The penalty interest rate for overdue loans is 30% plus the borrowing interest rate stipulated in this contract. (2) If Party A fails to use the loan for the agreed purpose, the misappropriated portion will be charged interest based on the misappropriated loan penalty interest rate from the date of misappropriation until the principal and interest are paid off; the misappropriated loan penalty interest rate is the loan stipulated in this contract. 50 is added to the interest rate level. (3) For a loan that is both overdue and misappropriated for the same loan, interest will be calculated based on the misappropriated loan penalty interest rate; (4) Interest and penalty interest that Party A cannot pay on time will be settled in accordance with the interest settlement method agreed in paragraph 3 of this article. Compound interest will be calculated based on the penalty interest rate agreed in this paragraph. (5) If interest is calculated based on the penalty interest rate, the interest calculation formula is: interest = (principal payable and unpaid interest) × actual number of days × daily penalty interest rate. Article 5 Loan Conditions When Party A requests a loan from Party B under this contract, it must provide information in accordance with the following requirements. For personal loans by natural persons, the information agreed in 1-5 and 13; for corporate loans, the information agreed in 1, 5-13: 1. Submit a personal/enterprise credit loan application form to Party B; 2. Party A’s latest identity certificate, marital status and income certificate; 3. If you have a credit card, submit the credit card bill and repayment record for the past six months; 4. Plan to Party A's personal account information to which the loan is transferred; 5. Materials proving the purpose of the loan, such as invoices for purchased goods, purchase and sale contracts, agreements or Party A's statement guaranteeing and explaining its legal purpose, etc.; 6. The borrower has provided it as required by the lender Guarantee, the guarantee contract has taken effect and the statutory approval, registration or filing procedures have been completed; 7. The borrower has reserved the borrower's documents, documents, seals, personnel lists, and signature samples related to the conclusion and performance of this contract to the lender, and Fill in the relevant vouchers; 8. The borrower has opened the account necessary for the performance of this contract as required by the lender; 9. Submit a written withdrawal application and relevant documents proving the purpose of the loan to the lender on the working day before the withdrawal, and process Relevant withdrawal procedures; 10. The borrower has submitted to the lender a resolution and authorization letter from the board of directors or other competent departments agreeing to sign and perform this contract; 11. The borrower has not violated the terms of this contract; 12. Legal provisions and both parties Other agreed withdrawal conditions.
13. The borrower should provide proof of his current asset status, and have it signed and approved by himself and his immediate family members. Article 6 Issuance of Loan After Party B agrees to Party A’s loan application, Party B will transfer the loan to the bank settlement account provided by Party A: (Opening bank (accurate to the branch): ____________________________________________; Account name: _______________; Account number: ____________________________________________). The lender shall not bear any responsibility if the borrower fails to obtain the loan due to the borrower's own reasons or reasons of a third party rather than the reasons of the lender. Article 7 After the repayment of the loan expires, Party A will transfer the principal and interest to the bank settlement account provided by Party B: (Account opening bank (accurate to the branch): _______________________________________________; Account name: _______________; Account number: _______________________________. 1. Items of this contract The following loan shall be repaid: □ By equal monthly repayment of principal and interest: The monthly interest rate of the loan shall be determined according to Article 4 of this contract, and the amount of principal and interest repaid by Party A every month shall be RMB (in capital letters)______ten thousand_____ thousand_____ Hundred _____ ten _____ yuan _____ cents _____ cents, lowercase: _______________ yuan. □Repay by monthly interest and principal repayment upon maturity: The monthly interest rate of the loan is determined according to Article 4 of this contract. The monthly interest repayment amount of Party A is RMB (upper case) ______ ten thousand _____ thousand _____ hundred _____ ten _____ yuan _____ dimes _____ cents, lowercase: _______ yuan; When the loan expires, A The party shall repay the principal amount in one lump sum in RMB (upper case) ______ ten thousand _____ thousand _____ hundred _____ yuan _____ dimes _____ cents, lower case: _______ yuan according to the maturity date of the loan. Repayment method of one-time return of principal and interest: The monthly interest rate of the loan is determined according to Article 4 of this contract. Party A will repay the principal and interest in a one-time amount on the maturity date of the loan in the amount of RMB (in capital letters)_______million_____ Thousand _____ hundred _____ ten _____ yuan _____ cents, lowercase: ________ yuan. The principal is _____ ten thousand yuan and the interest is _____ ten thousand yuan. 2. The loan is repaid monthly. , Party A shall make monthly repayments starting from the second month after the loan is issued. The repayment period is calculated as ______ period. If the repayment is monthly, the ______ day of each month will be the repayment date. The date does not correspond to the repayment date, and the first and final repayment amounts are calculated based on the actual number of days. The borrowing used by Party A for early repayment can be repaid in advance, but the following conditions should be met: 1. The early repayment amount should be in full. 2. Party A submits a written request to Party B ____ days in advance, and Party B confirms it. For early repayment, interest will be calculated according to the interest rate and interest calculation method stipulated in this contract, and interest will be calculated on a monthly basis for any period less than one month. If Party B agrees to repay the loan in advance, in addition to charging normal interest, Party B has the right to collect loss compensation based on 3% of the total loan amount. Guarantee 1. The guarantor declares: The guarantor is qualified as a guarantor in accordance with Chinese law, and the guarantor is capable of assuming the guarantee liability; All documents, information, statements and vouchers provided by the guarantor to the creditor are accurate, authentic, complete and valid; the guarantor fully understands the contents of the main contract, provides guarantee to the main debtor entirely voluntarily, and all intentions are true. 2. Guarantor C. Party A shall be jointly and severally liable for Party A’s debts under this contract. If Party A fails to perform as agreed or fails to pay off all its debts, Party B has the right to directly require Party C to bear the guarantee liability. Party C shall perform its repayment obligations within 10 working days from the date of receiving Party B's "Notice for Repayment of Overdue Loans".
3. Scope of guarantee: the principal and interest of the loan under this contract, the liquidated damages (including penalty interest) and damages payable by Party A, and the costs of realizing the creditor's rights, etc. 4. Guarantee period: The guarantee period under this contract is two years from the expiration of the borrower's debt performance period (including the early maturity of the loan); if the main debt is to be performed in installments, the guarantee period is from the date when this contract takes effect. date to two years after the expiration date of the last debt payment period. 5. During the guarantee period, if Party C undergoes organizational change/cancellation or other changes that may affect the guarantee ability, Party C shall notify Party B in writing 60 days in advance. All guarantee responsibilities under this contract shall be borne by the changed organization or Party C shall A new guarantor accepted by Party B shall be implemented within 30 days. 6. During the guarantee period, Party C shall not provide a guarantee to a third party that exceeds its own affordability. 7. If Party C does not assume guarantee liability or violates other obligations stipulated in this contract, it shall pay Party B a liquidated damages of 5% of the loan amount under this contract, thus causing economic losses to Party B and the amount of liquidated damages is insufficient to make up for the losses suffered. , Party B shall also be compensated for its actual economic losses. Party C shall be responsible for the above-mentioned liquidated damages, compensation, as well as the loan principal, interest, liquidated damages (including penalty interest) and other expenses for which Party C has not assumed guarantee responsibility. Article 10 Events of breach of contract and their handling 1. One of the following events shall constitute or be deemed as Party A’s breach of contract under this contract: (1) Providing false materials, documents, information to Party B or concealing important facts, materials, documents, or information , may or have caused losses (2) Failure to repay the principal and interest of the loan on time; (3) Failure to use the loan funds in the agreed way or use the loan for the agreed purpose; (4) An occurrence that Party B believes may affect Party A’s economic status or ability to perform the contract Party A is required to provide guarantee or guarantor, but Party A refuses; (5) Party A violates other provisions on the rights and obligations of the parties in this contract. 2. When the breach of contract stipulated in the preceding paragraph occurs, Party B has the right to take the following measures separately or simultaneously: Measures: (1) Require Party A to correct its breach of contract within a time limit; (2) Announce all or part of the principal and interest of the loan under this contract to expire in advance; (3) Suspend or terminate all or part of the loan that has not yet been released; (4) ) All or part of the suspension or termination of other business between Party A and Party B; (5) Termination or termination of this contract, all or part of the termination or termination of other contracts between Party A and Party B; (6) Request for compensation from Party A for breach of contract The losses caused to Party B; (7) Other measures deemed necessary by Party B. The lender shall not be liable for any losses caused by the exercise of the above legitimate rights. Article 11 This contract can be notarized; within ____ working days after the signing of this contract, Party A and Party B shall go to the notary office to handle compulsory execution of notarization. If Party A fails to perform or improperly performs its repayment obligations, Party B may Party A applies for compulsory execution to the people with jurisdiction, and Party A is willing to accept compulsory execution. Article 12 Expenses Unless otherwise determined in accordance with the law or otherwise agreed by the parties, the expenses incurred in the conclusion, performance and dispute resolution of this contract (including but not limited to attorney fees, etc.) shall be borne by the borrower and the guarantor. The borrower and guarantor shall bear the costs incurred by the creditor in exercising its right of recourse against the borrower and guarantor, such as litigation fees, attorney fees and other expenses for realizing the creditor's rights. Article 13 Other Agreements 1. Party A shall not transfer any rights or obligations under this contract to a third party without the written consent of Party B. 2. If Party B transfers the entire rights and obligations under this contract to any other third-party natural person or legal person, and Party A and Party C acknowledge this, Party C will continue to assume its guarantee responsibilities within the scope of the original guarantee, and Party B shall It is enough to notify Party A and Party C by specifying any contact information of Party A; The third party that assumes the rights and obligations under this contract has the right to exercise all rights under this contract on behalf of Party B, and in the name of the third party under this contract File a lawsuit or apply for enforcement. 3. Without affecting other provisions of this contract, this contract is legally binding on the three parties and their respective successors and assigns in accordance with the law. 4. Unless otherwise agreed, the three parties designate the addresses specified in this contract as the correspondence and contact addresses, and promise to promptly notify the other party in writing when the correspondence and contact addresses change.
Methods of delivery: letters, express delivery, newspapers, media, emails, faxes, phone calls, mobile text messages, etc. When Party B delivers the document to the addresses confirmed by Party A and Party C, it shall be deemed as delivery. 5. The titles and business names in this contract are only used for convenience of reference and shall not be used to explain the content of the terms and the rights and obligations of the parties. 6. Any disputes arising from this contract shall be under the jurisdiction of the people of Gucheng County. Article 14 The contract becomes effective. This contract is signed by the three parties (for legal persons, the signature of the legal representative or the official seal must be stamped) and becomes effective on the day Party B pays out the loan. Party A and Party C declare: The contents of this contract have been negotiated with me and fully informed and explained by Party B. I have understood and agreed to all the contents of this contract. Remarks: Party A: _______________ The address for the delivery of written documents determined by me: Party B: _______________ Party C: ______________________ Year ____ month ____ The address for the delivery of written documents determined by the Japanese:
Lender How to write the reasons for the agreement with the guarantor, the relationship between them, the scope of responsibility, etc. It is best to ask a lawyer for help
How can the guarantor sign a waiver agreement with the bank, so that the guarantor has no responsibility? The guarantor and the debtor have joint and several liability and are protected by law from the moment they sign the contract agreement. It will not be invalid due to any form of legal loopholes, including signing a repayment exemption agreement with the bank, which is not protected by law. According to Article 12 of my country's Guarantee Law: If there are two or more guarantors for the same debt, the guarantor shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract. If there is no agreement on the guarantee share, the guarantor shall bear joint liability. The creditor may require any guarantor to bear all guarantee responsibilities, and all guarantors shall have the obligation to guarantee the realization of all claims. The guarantor that has assumed the guarantee liability has the right to recover from the debtor or require other guarantors who bear joint and several liability to pay off their share. Article 18 If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. If the debtor under a joint liability guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt or require the guarantor to assume the guarantee liability within the scope of its guarantee. Article 19 If the parties have not agreed on the guarantee method or the agreement is unclear, they shall bear the guarantee liability in accordance with the joint liability guarantee.
The bank lender may not be able to repay the loan. How should the guarantor protect himself? The bank lender may not be able to repay the loan, so the guarantor can assist the bank in going to the debtor's home to collect payment and interest. If the debtor really cannot pay the debt, the guarantor can only repay the debt. The bank will not resort to violent collection, but will only go through legal procedures, so the personal safety of the guarantor is guaranteed, and you only need to find ways to raise money to repay the loan.
The guarantor will no longer be liable if the use of the guarantee money is changed
Article 24 of the "Guarantee Law" stipulates: "If the creditor and the debtor agree to change the main contract, they must obtain the written consent of the guarantor. With the written consent of the guarantor, the guarantor will no longer assume the guarantee liability. If the guarantee contract otherwise stipulates, the stipulation shall prevail. "
The Supreme People's Provisions on Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China. Article 30 of the Interpretation stipulates that during the guarantee period, if the creditor and the debtor make changes to the quantity, price, currency, interest rate, etc. of the main contract without the consent of the guarantor, if the debtor's debt is reduced, the guarantor shall still make changes to the changed amounts. The contract assumes guarantee liability; if it aggravates the debtor's debt, the guarantor shall not bear guarantee liability for the aggravated part. If the creditor and the debtor agree to change the contents of the main contract but do not actually perform it, the guarantor shall still bear the guarantee liability.
Article 39 of the "Interpretation of the Guarantee Law" also makes special provisions for this situation: "If the parties to the main contract agree to repay the old loan with a new loan, the guarantor shall not be liable unless the guarantor knows or should know civil liability.
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When a bank applies for a loan, do the guarantor and borrower need to sign it at the same time? Hello, yes, all parties must sign the contract in the presence of the person
How to write the guarantor and the loan The elderly person signed the agreement and the temporary loan agreement was deceived by the intermediary. He gave the intermediary a deposit of 20,000 yuan without seeing the house (because the elderly man had no cash at the time, the intermediary took the initiative to lend money to the elderly person and asked him to write an IOU) and signed the agreement. Three-party contract. After returning home, my family unanimously objected and wanted to get the deposit back. The agent refused on the grounds of breach of contract and asked the elderly to return the 20,000 yuan as soon as possible. We did not agree, and the agent asked the owner to sign a supplementary agreement, saying that the landlord would continue to search. As a house buyer, if the house is sold, the elderly will not be liable for compensation; if the house is not sold, is it reasonable? Is there a chance to get the deposit back?
What conditions should a loan guarantor have? Whenever the guarantor is not the lender, the risk of guaranteeing the guarantor is very high. First of all, it is necessary to clarify what is a guarantee and a guarantor from the relevant chapters of the Guarantee Law of the People's Republic of China; and the method of guarantee. Sixth. Article "The term "guarantee" as mentioned in this Law refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume liability in accordance with the agreement. "Article 7" Legal persons, other organizations or citizens with the ability to repay debts on behalf of others may serve as guarantors. "Article 16" The forms of guarantee include: (1) General guarantee; (2) Joint and several liability guarantee. "Article 17" If the parties agree in the guarantee contract that when the debtor is unable to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee may refuse to assume guarantee liability to the creditor until the main contract has not been tried or arbitrated and the debtor's property has been enforced in accordance with the law and the debtor cannot perform the debt. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) The debtor's domicile changes, causing major difficulties for the creditor to require it to perform its debts; (2) The people accept the debtor's bankruptcy case and suspend the execution procedure; (3) ) The guarantor waives the rights stipulated in the preceding paragraph in writing. "Article 18 "If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. If the debtor under a joint liability guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or require the guarantor to assume guarantee liability within the scope of its guarantee. "Article 19" If the parties have not agreed on the guarantee method or the agreement is unclear, they shall bear the guarantee liability in accordance with the joint liability guarantee. "It is not difficult to see from the above clauses that no matter what form of guarantee it is, once the guaranteed debtor has an economic panic, the guarantor will bear the risk of repaying the debt for the guaranteed person.
If the lender imitates the signature of the guarantor Is the guarantor responsible for defrauding a bank loan? What legal procedures should be followed? The guarantor can agree with the lender.
There is no need for a guarantor after the lender and the guarantor agree on the loan. Is it okay to bear any responsibility? 1. It is the lender who needs to repay the money. 2. The guarantor may be jointly and severally liable. The Rural Credit Cooperative can go to the guarantor to repay the money, and the guarantor can go to the lender to ask for the money. 3. The children have no obligation to pay. The parents are responsible for the debts. 4. If the debtor's property is with the children and the person runs away, the debtor has the right to seize the property stored with the children. 5. The property includes movable and immovable properties, including houses, cars, etc., as long as the debtor runs away. It can be seized in the name of the guarantor or the lender. 6. Remember, the guarantor may not be jointly and severally liable. It depends on how it is written in the guarantee agreement. Even if it is jointly and severally liable for repayment, it can be found by the lender. The lender wants it back. If the lender refuses, it can still file a lawsuit, provided that the evidence, guarantee agreement and repayment certificate must be preserved.
4. How does the guarantor negotiate with the borrower when using a building mortgage loan? Signing a contract
1. The guarantee contract is a contract signed between the guarantor and the creditor. The guarantee contract does not require signing a guarantee contract with the borrower.
2. The borrower uses the building as collateral. Yes, the guarantor only bears guarantee liability for debts other than building mortgages.
"Guarantee Law"
Article 28 If the same creditor's right is guaranteed by both a guarantee and a physical guarantee, the guarantor shall bear the guarantee liability for the creditor's rights other than the physical guarantee.
If the creditor waives the security of the property, the guarantor shall be exempted from liability to the extent that the creditor waives its rights.