The pros and cons of the guarantee company, is it good for the subsidiary to guarantee

This kind of private lending you said is actually very promising, especially in the report of the two sessions, Premier Wen mentioned that it is necessary to speed up the development of the guarantee industry, as well as to make more reasonable use of private funds, I will talk about the general situation of personal borrowing through the guarantee company, and the user does not want to go through the cumbersome loan procedures of the bank, (the time is relatively long, and the threshold is quite high, but the interest will be correspondingly lower.) You can find the funder to negotiate through the guarantee company you said, but the borrower must meet certain requirements, the credibility of the borrower you said should be negligible at this stage, mainly there must be collateral (generally the individual needs to provide no secondary mortgage of real estate or other real estate), the guarantee company agrees to provide guarantee for its borrower after review, and after going through the corresponding procedures, the funder and the borrower sign the contract, the time interest rate and the details of the terms, If the borrower is unable to repay the agreed principal and interest due to any circumstance within the agreed time, the guarantee company shall be jointly and severally liable to repay the borrower and then dispose of the borrower's collateral. Of course, there are many operating modes, which are formulated according to the development status of the guarantee industry in various cities.

If we talk about risk, it should be based on whether the guarantee company's ability to control risk is professional and honest enough, and whether the review of the borrower and the consideration of the disposal of the collateral are sufficient. The most important guarantee company is not a bank, which cannot issue loans and absorb private funds, and at best is a high-level intermediary that bears the guarantee responsibility. If you don't operate in normal mode, I can only say that the consequences are serious.

In my opinion, the guarantee industry is in a rather awkward position at this stage, although there is a strong support for the development of the orientation, but there is no real relevant policy and legal documents promulgated, if the normal private lending behavior will become "illegal fundraising" or become a "tool" used in other aspects, then the consequences will be serious, but it seems that the "Money Lenders Regulations" If it can be promulgated, it should be a major benefit to regulate private lending. However, there is still a long way to go to be more perfect and institutionalized, so the guarantee industry should be in the initial stage of initial and standardized development. Be cautious if you want to intervene.

I'm really tired from playing, and if I'm satisfied, do I have any extra points? ）

There are risks, and I have the following opinions.

1: Look at the specific amount and purpose of Party B's loan (it must be a reasonable purpose, and shall not be used to engage in real estate speculation, and other high-risk purposes), as well as whether Party B has the ability to repay the principal and interest of the loan, whether Party B's business conditions are normal, the market prospect of the product, whether the company's management structure is reasonable, Party B's reputation in the local bank, and the personal quality of Party B's legal person.

2: Although the guarantee company has a registered capital of more than 30 million, but after all, it is a fugitive fund, the strength of the guarantee company is not very strong, the reason why the business with the bank can be guaranteed, because the bank has deposited a sufficient amount of margin, these money is also a snowball to do, the actual guarantee company money is not a lot (generally is the city-level guarantee company, to inquire more), in addition to the guarantee company is generally more in the local relationship, some things look simple, it is not easy to do.

3. Risk of contract loopholes.

Positive. The object of the guarantee is the subsidiary, the parent company has absolute control over it, and the parent company is very familiar with its operating conditions, so correspondingly, the financial risk is also within the controllable range, and based on this control relationship, the parent company will not harm the interests of the company and its shareholders if it provides the guarantee.

Extended information: A guarantee is a measure taken to secure the realization of an obligation, which is the principal legal relationship.

The guarantee is from the legal relationship. Guarantees, including PICC, property and monetary guarantees.

Property security, i.e., security interest.

It uses the exchange value of the thing as security for the realization of the claim. Modern civil law system.

The security interest regime of the State is inherited from the security regime in rem of Roman law, including mortgages, pledges and liens.

Three categories. Among them, the object of mortgage includes three categories, namely movable property, immovable property and immovable usufructuary right.

That is, the right to use construction land and the right to operate land). The object of pledge includes two categories, namely movable property and rights. There is only one type of subject matter of a lien, movable property.

PICC, that is, guarantee, which uses the person's credit (credit) as the guarantee for the realization of the creditor's rights, including general guarantee and joint and several guarantee. Its creation is intentional, requiring the guarantor and the creditor to enter into a written guarantee contract without transferring possession of the subject matter.

A monetary guarantee is a deposit.

It is secured by a specific currency, and its creation is also intentional, requiring both parties to sign a written deposit contract and transferring possession of the subject matter.

The guarantor's litigation status.

Joint and several liability guarantee:

In a joint and several liability guarantee, the creditor of the joint and several liability guarantee may file a lawsuit as the debtor or the guarantor as defendants, or the debtor and the guarantor may file a lawsuit as co-defendants.

If the creditor only sues the debtor, the court may not add the witness as a co-defendant; If the creditor only sues the guarantor, the court may make a fuss and add the debtor as a co-defendant.

General guarantee: If the creditor of a general guarantee files a lawsuit against the debtor and the guarantor together, the court may list the debtor and the guarantor as co-defendants. However, it should be made clear in the judgment that the debtor's property is being enforced in accordance with the law.

If the debtor is still unable to perform the debt, the guarantor shall bear the guarantee liability.

If the creditor only sues the guarantor, the court shall add the debtor as a co-defendant; If the creditor only sues the debtor, the court may not add the guarantor as a co-defendant.

Legal analysis: the guarantee company can provide the debtor with financial facilities; provide security for the realization of creditors' claims; Promote the smooth progress of civil activities such as lending, buying and selling; and the promotion of small and medium-sized enterprises and the development of the local economy.

Legal basis: Civil Code of the People's Republic of China

Article 300 86 The holder of the security interest shall enjoy the right to be repaid in priority in respect of the secured property in accordance with law in the event that the debtor fails to perform the debts due or the parties agree to realize the security interest, except as otherwise provided by law.

Article 387:Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending or trading, it may create a security interest in accordance with the provisions of this Law and other laws. Where a third party provides security to the creditor for the debtor, the debtor may be required to provide a counter-guarantee. Counter-guarantees shall be governed by the provisions of this Law and other laws.

Article 388: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 security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.

If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault. Absolute ridge.

Article 389 The scope of security for a security interest includes the principal creditor's right and its interest, liquidated damages, damages, and expenses for keeping the secured property and realizing the security interest. Where the parties agree otherwise, follow their concurrent agreement.

1. The role of the guarantee company.

1. Guarantee the realization of creditor's rightsFrom the bank's point of view, the bank should be particularly prudent when handling loan business, and pay attention to preventing and controlling loan risks. Because the investment guarantee company has a certain amount of guarantee funds and has a strong compensation ability, therefore, the guarantee machine Luyin structure has a high credit rating. Small and medium-sized enterprises can effectively share the loan risks of banks, which is conducive to enhancing banks' confidence in small and medium-sized enterprise loans, thereby solving the problem of difficult loans for enterprises and banks, promoting financial integration, and effectively promoting the development of the national economy.

From the company's point of view, through the guarantee, its credit rating has been improved. If an enterprise wants to obtain credit support from the bank, it must accept the supervision of the guarantee agency and the bank, and provide the guarantee agency with a report on its operation and use of funds, so as to strengthen mutual understanding; The guarantee agency provides guarantee for the enterprise, and it is not an aimless guarantee, it is based on the strict examination and understanding of the enterprise, and if the conditions of the enterprise do not meet the requirements, the guarantee agency will never guarantee it.

2. To avoid the loss of funds, the guarantee agency conducts a pre-loan review of the enterprise before the loan, grasps its business status and development prospects, and after the loan, closely monitors and strictly examines the use of funds by the enterprise, finds problems in a timely manner, and recovers the funds jointly with the bank, so as to effectively avoid the loss of funds, safeguard the interests of the state and the bank, and ensure the effectiveness of financing.

3. Improve the financing efficiency of enterprises as an intermediary, and the guarantee agency plays the role of a bridge, which not only matches banks and enterprises, but also examines enterprises, supervises enterprises, and applies to banks on behalf of enterprises, handles relevant procedures, and actively and effectively serves banks and enterprises, so that banks and enterprises have more manpower, financial resources and time to develop other businesses, so as to effectively promote their development. It can be seen that the establishment of the guarantee system has enabled small and medium-sized enterprises to have a stable and reliable credit system, which is conducive to solving the problem of loan difficulties for small and medium-sized enterprises to a certain extent, and helping small and medium-sized enterprises to alleviate financial pressure. At the same time, it can help banks achieve the overall business objectives in accordance with the "three natures" principle of loan operation and management, and make bank loans safer and more effective.

2. The guarantee model of the guarantee company.

1. The small and medium-sized enterprise credit guarantee institution established by the policy guarantee is the core of the credit guarantee system for small and medium-sized enterprises, and is a policy-based support institution that indirectly supports the development of small and medium-sized enterprises, and does not take profit as the main purpose. It accounts for 90% of all guarantee agencies

2. Mutual Guarantee Institutions among Mutual Guarantee Enterprises take member enterprises as the main service objects, and do not take profit as the main purpose. It accounts for about 5% of all guarantee agencies.

3. Commercial Guarantee Commercial Guarantee Company for the purpose of profit, and at the same time concurrently engaged in investment and other commercial business, engaged in small and medium-sized enterprises direct guarantee business is only one of its businesses. It accounts for about 5% of all guarantee agencies.