My friend wants to borrow a loan from my own company to mortgage his own property to get a loan. What are the risks to me? Is there any way to exempt?
A friend wants to borrow a loan in the name of your company to mortgage his own property to get a loan. If your friend fails to pay the loan, you need to bear the repayment responsibility, and there is no way to exempt him.
1. Mortgage loan, also known as "mortgage loan"
refers to a loan method adopted by banks in some countries. Require the borrower to provide a certain amount of collateral as a guarantee for the loan to ensure the repayment of the loan at maturity. Collateral is generally an item that is easy to preserve, wear and tear, and easy to sell, such as securities, bills, stocks, real estate, etc. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money to pay off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
II. Measures for mortgage loan management
In order to better support the development of agriculture, rural areas and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. These Measures are formulated in accordance with the relevant provisions of the state to safeguard the legitimate rights and interests of both borrowers and lenders.
first, mortgage loan is a loan method that borrowers are willing to use their own or third-party property as a guarantee when they borrow money from the company. When the borrower fails to repay the loan principal and interest at maturity, the company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
article 2: mortgage loans shall be handled in accordance with relevant state regulations, and mortgage loan contracts shall be signed on the basis of equality and consultation.
article 3, the scope of collateral: fixed assets (such as houses and other above-ground buildings, means of transportation, machinery and equipment) that are valuable and useful in accordance with the law; Materials or property that can be circulated or transferred.
if the house purchased with preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposal and income; An enterprise as a legal person with an operating period may not mortgage its house for more than its operating period;
if a house with land use years is used as mortgage, the mortgage period shall not exceed the remaining years after deducting the used years from the used years stipulated in the land use right transfer contract. Where a house is mortgaged, the right to use the state-owned land within the occupied area of the house shall be mortgaged at the same time.
How to get a mortgage loan for machinery and equipment
It is understood that machinery and equipment can apply for a mortgage loan. However, using machinery and equipment to handle mortgage loans still depends on whether local banks can apply. But also depends on the value of machinery and equipment. If the value of machinery and equipment is higher, it will be easier to apply for mortgage loans.
to apply for a mortgage loan with machinery and equipment, the applicant needs to first find an appraisal company recognized by the bank to evaluate the machinery and equipment to be mortgaged and issue an appraisal report. Only after the appraisal report is obtained can the applicant apply for a mortgage loan.
in short, whether machinery and equipment can be mortgaged normally and the loan amount depends on the market evaluation value of equipment. However, banks in some areas do not accept machinery and equipment mortgage loans, which requires borrowers to consult in advance so as not to delay the normal processing of normal loans.
how to mortgage an existing house
1. If an existing house wants to apply for a mortgage loan, the lender first needs to find a suitable lending institution, such as a commercial bank. Then apply to the lending institution for a loan, and submit the materials as required for review. After the review, the mortgage will be signed and the loan will be issued at last.
2. However, not all houses can be mortgaged, and some houses obviously have no market value. In this case, the lending institution will not accept the lender's loan application, and how many loans the lender can apply for is related to the value of the mortgaged house.
first, mortgage loan, also known as "mortgage loan". Refers to a loan method adopted by banks in some countries. Require the borrower to provide a certain amount of collateral as a guarantee for the loan to ensure the repayment of the loan at maturity. Collateral is generally an item that is easy to preserve, wear and tear, and easy to sell, such as securities, bills, stocks, real estate, etc. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money to pay off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
II. Measures for mortgage loan management
In order to better support the development of agriculture, rural areas and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. These Measures are formulated in accordance with the relevant provisions of the state to safeguard the legitimate rights and interests of both borrowers and lenders.
1. Article 1 Mortgage loan is a loan method that borrowers are willing to use their own or third-party property as a guarantee when they borrow money from the company. When the borrower fails to repay the loan principal and interest at maturity, the company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
2. Article 2 The mortgage loan shall be handled in accordance with relevant state regulations, and a mortgage loan contract shall be signed on the basis of equality and consultation.
3. Article 3 Scope of collateral: fixed assets with value and use value (such as houses and other above-ground buildings, means of transportation, machinery and equipment) that meet the requirements of the law; Materials or property that can be circulated or transferred.
if the house purchased with preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposal and income; An enterprise as a legal person with an operating period may not mortgage its house for more than its operating period;
How to handle the mortgage loan of machinery and equipment
Machinery and equipment refers to devices that people make by using mechanical principles. The definition of machinery and equipment in asset appraisal is different from that in natural science. The machinery and equipment in appraisal is a broad concept, which includes not only machinery and equipment, but also electronic equipment, electrical equipment, instruments and meters manufactured by people according to sound, light and electricity technologies, including single equipment and the combination of equipment.
with the development of banking business, enterprises use machinery and equipment to mortgage loans to banks more and more. The biggest difference in value between machinery and equipment and real estate is that machinery and equipment generally do not have value preservation, and it will depreciate with the increase of service life, while real estate, on the other hand, tends to appreciate and the possibility of depreciation is low. Moreover, compared with land, real estate and other real estate, machinery and equipment are easy to transfer, difficult to keep, large in value change, easy to damage, and difficult to dispose of special equipment, which makes its loan risk far greater than real estate mortgage loan. Now analyze the possible risks of machinery and equipment mortgage loan from the author's personal cognition.
1. Risks arising from the selection of machinery and equipment for mortgage According to their importance and use in enterprise production, machinery and equipment can be divided into main production equipment (such as printing machines, injection molding machines, various automatic production lines, etc.), auxiliary production equipment (such as various industrial pumps and fans, etc.) and office equipment (such as computers and split air conditioners, etc.). Among them, the main production equipment is relatively valuable, difficult to transfer and damage, and suitable for mortgage, while some secondary auxiliary production equipment and office equipment are not suitable for mortgage because of their small value, easy depreciation, easy transfer and damage. However, in the appraisal cases I came into contact with for mortgage purposes, some loan companies entrusted all the machinery and equipment on their fixed assets accounts for appraisal, and banks did not screen them when handling mortgage loans. When enterprises default on loans and banks apply for the disposal of collateral, they often find that the secondary auxiliary production equipment and office equipment are either transferred or have long been broken and worthless, which makes the interests of banks as mortgagees unable to be guaranteed.
2. Risks arising from liabilities when an enterprise acquires machinery and equipment. According to the acquisition method, the machinery and equipment on the fixed assets account of an enterprise may have the following situations: ① The machinery and equipment invested by shareholders debits the fixed assets and credits the paid-in capital in the financial treatment of the enterprise, and no liabilities are incurred; (2) For the machinery and equipment purchased by the enterprise, the equipment payment has been paid off, and the fixed assets are debited and credited to the bank deposit in the financial treatment of the enterprise, and no liabilities are generated; (3), enterprises to buy machinery and equipment, unpaid equipment, in the enterprise's financial processing debit fixed assets, credit bank deposits, accounts payable, will produce liabilities; (4), enterprises from the parent company or affiliated company dial in machinery and equipment, in the enterprise's financial processing debit fixed assets, credit accounts payable or other payables, will produce liabilities; ⑤ Debit the fixed assets-the fixed assets leased by financing, and credit the long-term payables-the financing lease payable for the machinery and equipment acquired by the enterprise through financing lease, which will generate liabilities; In the above five cases, the machinery and equipment obtained by enterprises through financial leasing have generally been mortgaged and are no longer suitable for mortgage loans. Although it is in line with the accounting system for an enterprise to purchase machinery and equipment that has not paid off the equipment payment and the machinery and equipment that the enterprise has pulled in from the parent company or affiliated company, it is not suitable for mortgage because of the liabilities incurred when the enterprise obtains it, especially when such equipment is in the majority. If the enterprise fails to handle the problem of equipment payment properly, the legal proceedings initiated by these creditors will inevitably affect the business activities of the enterprise. Although banks have the priority to be repaid because these devices have been mortgaged, after all, the purpose of bank loans is to obtain interest income, and they hope that enterprises will develop smoothly, and the operational difficulties of enterprises will inevitably affect the interests of banks.
3. Risks arising from unclear ownership of machinery and equipment appraisal. Machinery and equipment are different from real estate, and there is no title certificate similar to real estate certificate. Therefore, when the appraisal company evaluates the machinery and equipment owned by the enterprise to be loaned, it must confirm the ownership of these machinery and equipment by reviewing the financial information (such as purchase contract, invoice, customs declaration form, payment voucher, bank statement, fixed assets acceptance receipt, etc.) obtained by the enterprise. If the enterprise provides false financial information (such as false invoices), and the appraisal company fails to identify the machinery and equipment that does not belong to the loan enterprise or the legal procedures are not perfect, then the loan issued by the bank based on such an appraisal report will undoubtedly have great risks.
4. Risks arising from poor monitoring after machinery and equipment are mortgaged. When an enterprise mortgages machinery and equipment to a bank, it needs to register the mortgage with the Industrial and Commercial Bureau with invoices, customs declarations and other supporting materials when purchasing or importing machinery and equipment. Handling mortgage registration in the industrial and commercial bureau can prevent enterprises from maliciously changing their names and shareholders to avoid debts. However, unlike real estate, there is no need to perform registration procedures when the property rights of machinery and equipment change. If the bank does not monitor the collateral properly, the mortgagor will resell the equipment to others without authorization after handling the equipment mortgage registration, and the loan risk will occur.
5. Risks arising from the liquidation of machinery and equipment When an enterprise applies for a loan from a bank, we use replacement cost method, market comparison method and income method to evaluate the machinery and equipment owned by the enterprise, and the evaluation results reflect the fair market value of machinery and equipment in the case of continuous operation of the enterprise. No matter which evaluation method is adopted, there is a very important evaluation premise that the enterprise will continue to operate, which ensures that the machinery and equipment we evaluate can be well maintained and the new rate of machinery and equipment can be calculated accurately.
when an enterprise is poorly managed and insolvent, and the creditor applies for bankruptcy, the enterprise will generally fall into a state of suspension of production. Bankruptcy liquidation is a long process, and it takes one or two years, three or four years or even longer to go through the procedures of ruling bankruptcy, setting up liquidation group, declaration of creditor's rights, liquidation audit, evaluation of bankrupt assets, auction and distribution of bankrupt property. During this period, the machinery and equipment mortgaged to the bank have been devalued due to the lack of maintenance and time factors, and the bank cannot ask for priority disposal because the mortgage has been set. Moreover, due to the requirement of forced quick liquidation at auction, the liquidation price method is used to evaluate the bankruptcy assets of these machines and equipment at this time, and the evaluation results reflect the quick liquidation value, that is, the auction value. The premise and assumption of the evaluation are that all the equipment sales are based on a single unit, and the local transaction is made at that time, without considering any unknown costs, such as installation and debugging costs and transportation costs, and the buyer is responsible for the purchased equipment and bears the risks. Quick liquidation value usually does not include additional value, such as products that can be produced, existing installation, manufacturing license, trademark, customer list, sustainable operation and other factors. When these machines and equipment are finally disposed of, the auction reserve price and the final auction transaction price at the time of disposal will be much lower than the evaluation price at the time of loan, and even lower than the discounted amount of the bank, which makes it difficult to protect the interests of the bank.
in view of the above situation, Mr. Zeng Bingsheng believes that banks should choose reputable enterprises when accepting the mortgage of machinery and equipment used by enterprises. The machinery and equipment used for mortgage should choose the main production equipment of enterprises, excluding the secondary auxiliary production equipment and office equipment. At the same time, they should conduct necessary audit on the financial information of loan enterprises and strengthen relevant monitoring measures after handling mortgage loans. For the collateral of the loan enterprise that enters the bankruptcy liquidation procedure, it should be disposed of as soon as possible to minimize the risk of disposal.
precautions for equipment mortgage loan
legal risk: in the process of handling equipment mortgage loan, the property right of the mortgaged assets can only be set as collateral if it belongs to a limited liability company. In practice, it is usually considered that the individual shareholder or legal representative agrees to guarantee the company's assets is invalid, while the guarantee contract agreed by all shareholders is valid, which is very uncertain due to local differences. If this kind of personal guarantee mortgage loan has occurred, the corresponding procedures must be improved. If there is no agreement in the articles of association prohibiting external guarantee, it is necessary to complete the resolution of all shareholders' meeting of the mortgagor to agree to provide guarantee for this loan. If there is an agreement in the articles of association prohibiting external guarantee, other forms of second guarantee must be added.
operational risk: ① the scope of the equipment to be mortgaged is not defined when handling the equipment mortgage loan. For example, if the highly specialized equipment and the equipment with expired service life are set as collateral, it will be extremely difficult to realize it and find a suitable price. ② The equipment obtained by enterprise mortgage is also set as collateral. In fact, the equipment has been mortgaged, resulting in repeated mortgage of the equipment. ③ Regarding whether the collateral belongs to the mortgagor, there is no property right confirmation report in business operation, and there is a situation that Party A uses Party B's equipment as collateral. (4) In the process of mortgage loan, the loan can only be issued after mortgage registration on the basis of determining the legality of the collateral.
value risk: when handling equipment mortgage loans, the mortgage rate is generally set at 5%, while ignoring the depreciation rate of equipment and the matching of the service life and the loan term. When handling equipment mortgage, the price of collateral is generally based on its original value, which is a fatal misunderstanding. If a forklift truck bought with 15, yuan three years ago can apply for a mortgage loan of 75, yuan according to the current operation mode, and the loan term is set at two years, when the loan expires. The forklift may only be sold as scrap iron. In addition, many equipments have a certain service life, so when confirming the collateral, we must ensure that the loan expires within the service life of the equipment. In order to reduce losses, it should be noted that: ① the borrower has sufficient self-compensation ability. ② There are sufficient materials to prove that the mortgagor's willingness to guarantee is clear. (3) promise to handle the loan under the condition of determining the ownership of the collateral. (4) There must be a legal commitment that the mortgagor agrees to mortgage the equipment.