How to apply for a bank guarantee? How to handle a bank guarantee

Bank Guarantee Process:

1) A copy of the business license, a copy of the legal person ** certificate, a copy of the tax registration certificate and the certificate of the legal representative, etc.;

2) External guarantee master contract, agreement or tender and relevant transaction background information;

3) If the matters involved in the guarantee shall be approved or approved by the relevant departments in advance according to the regulations, the approval or approval documents of the relevant departments shall be provided;

4) Financial statements of the previous two years and financial statements for the current period audited by an accounting (auditing) firm;

5) Supporting documents of counter-guarantee measures;

6) Other documents required by the bank.

2. The bank conducts investigation and review.

After receiving the application and relevant materials, the bank shall investigate the legitimacy of the applicant, the authenticity of the financial situation, the authenticity of the transaction background, etc., understand the borrower's performance and solvency, conduct a credit rating on the applicant, and make a formal reply to the applicant.

3. After approval and approval, the applicant shall sign the Letter of Guarantee Agreement or Loan Commitment Agreement, and the applicant shall deposit the corresponding proportion of the deposit, go through the procedures of mortgage or counter-guarantee, and the bank shall issue a letter of guarantee or loan commitment.

After the bank agrees to issue the letter of guarantee, it shall sign a "guarantee opening agreement" with the applicant, stipulating the type, purpose, amount, rate, validity period of the guarantee, payment terms, rights and obligations of both parties, liability for breach of contract and other matters that both parties deem necessary to be agreed; If a counter-guarantee is required, the counter-guarantee formalities shall also be completed in accordance with the requirements of the bank.

1. Basic columns.

2. Liability Clause.

That is, the liability clause promised by the bank or other financial institution that issued the letter of guarantee, which is the subject of the bank guarantee.

3. Guarantee amount.

It is the maximum amount that the bank or other financial institution that issued the letter of guarantee is liable for, which can be a specific amount or a percentage of the amount related to the contract. If the guarantor can reduce its liability to the extent that the principal performs the contract, it must be specified.

4. Validity period.

That is, the latest claim date, or expiry date, which can be either a specific date or a period of time after an act or event has occurred. For example: three or six months after delivery, 30 days after the end of the project, etc.

5. How to make a claim.

i.e. the conditions of the claim. It means that the beneficiary can make a claim against the bank that issued the letter of guarantee under any circumstances. There are two different approaches to this internationally:

One is an unconditional or "first demand guarantee"; The other is an accessary guaranteeClaims are generally made on demand.

The steps for handling the bank guarantee are as follows:

1. The applicant needs to fill in the application form for opening a letter of guarantee and sign it;

2. Submit the background information of the letter of guarantee, including the contract, approval documents of relevant departments, etc.;

3. Provide the relevant letter of guarantee format and affix the official seal;

4. Provide the company's recent financial statements and other relevant supporting documents;

5. Implement the guarantee accepted by the bank, including the payment of deposit, pledge, mortgage, third-party credit guarantee or property mortgage or other means as guarantee, credit opening, etc.;

6. The bank may issue a letter of guarantee after reviewing the applicant's credit status, performance ability, project feasibility, terms of guarantee, guarantee, pledge or mortgage.

Extended Materials. The time required to process a bank guarantee is as follows:

1. Full deposit guarantee: It can be done within 2 working days, because the approval authority is in the handling agency.

2. Letter of guarantee for difference margin: It generally takes 5 working days from the bank, because it needs to occupy the credit line of the applicant of the letter of guarantee, which needs to be approved by the superior.

A bank guarantee, also known as a "bank guarantee" or "bank credit guarantee", is a guarantee document issued by the bank as a guarantor to the beneficiary. If the bank guarantees that the guarantor fails to fulfill an obligation to the beneficiary, the bank shall bear the payment liability stipulated in the letter of guarantee.

A bank guarantee has the following two characteristics:

1. The letter of guarantee is issued in accordance with the business contract, but it is not attached to the business contract and has independent legal effect. When the beneficiary makes a reasonable claim under the letter of guarantee, the guarantor must bear the responsibility for payment, regardless of whether the principal agrees to pay or not, and regardless of the actual fact of the performance of the contract. That is, the letter of guarantee is an independent commitment and is basically a documented transaction.

2. Bank credit as a guarantee, easy to accept for both parties to the contract.

The operation process of bank guarantee.

The applicant is required to fill in and sign the application form for the issuance of a letter of guarantee.

Submit the background information of the letter of guarantee, including the contract, approval documents of the relevant authorities, etc.

Provide the relevant letter of guarantee format and affix the official seal.

Provide the company's recent financial statements and other relevant supporting documents.

Implement guarantees accepted by banks, including deposits, pledges, mortgages or third-party credit guarantees.

The bank will review the applicant's credit status, performance ability, project feasibility, terms of the letter of guarantee, and guarantee, pledge or mortgage.

Pay the letter of guarantee fee: each transaction is charged at a time of 5 of the amount of the letter of guarantee, and the minimum is 100 yuan, and the letter of guarantee can be issued to the outside world.

The materials to be submitted for the performance guarantee letter: valid business license, ID card of the legal representative, organization ** certificate, tax registration certificate, original project contract or purchase and sale contract and a copy of the official seal of the unit.

To apply for a performance guarantee, you need to apply for a loan card at the People's Bank of China, and the application for the loan card ** can be obtained from the credit department of your company's bank (find a loan officer), prepare complete information according to the requirements on the second cover, including business license, institution ** certificate, legal representative ID card, ** person ID card, national tax and local tax certificate, previous year and spot statement, etc., fill in the loan card application **, let the bank knock an official seal at the first page "Recommended Bank" to go to the People's Bank of China. At present, the application fee for the loan card should be 400 yuan, and it can be done on the same day when the information is complete;

Then you can go to the bank to apply for a performance bond, find a loan officer and tell him that you want to open a letter of guarantee, and the general loan officer is willing to help you do it. For example, the performance bond is generally 10% of the contract amount, and the bank requires you to provide the same amount of deposit, that is, the money in your company's account will be transferred to a special margin account, and the money will be revoked when the letter of guarantee expires, and the deposit will not be frozen. You can also use a fixed deposit to provide pledge security, so that the money cannot be used, but you can enjoy the fixed interest rate instead of the current interest rate, of course, if the term of the letter of guarantee is short, the difference is not much.

When applying for the issuance of a letter of guarantee, remember to also prepare the basic information of your company and the relevant contract documents required to issue the letter of guarantee, such as the request for proposal.

The cost of charging the letter of guarantee is estimated to be different from bank to bank, and it is generally charged on a quarterly basis, and it is possible to collect 2/1000 to 5/1000 of the amount of the letter of guarantee in the first quarter. For example, if the term of the letter of guarantee is 32 days, you will be charged two quarters.

Legal analysis: 1. The applicant needs to fill in the application form for opening a letter of guarantee and sign it; 2. Submit the background information of the letter of guarantee, including the contract, approval documents of relevant departments, etc.; 3. Provide the relevant letter of guarantee format and affix the official seal; 4. Provide the company's recent financial statements and other relevant supporting documents; 5. Implement the guarantee accepted by the bank, including the payment of deposit, pledge, mortgage, third-party credit guarantee or property mortgage or other means as guarantee, credit opening, etc.; 6. The bank may issue a letter of guarantee after reviewing the applicant's credit status, performance ability, project feasibility, terms of guarantee, guarantee, pledge or mortgage.

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

Article 392:Where the secured creditor's rights are secured by both real and personal security, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor shall realize the creditor's rights in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

First, make an application. The applicant submits the Application for Letter of Guarantee and Loan Undertaking to the bank, and provides relevant information according to the conditions and requirements put forward by the bank; Second, review. After the bank accepts the application, it will review the legality and authenticity of the information submitted by the applicant.

Third, after the review, if the conditions are met, the bank and the applicant sign the Letter of Guarantee Agreement or the Loan Commitment Agreement. The applicant goes through the mortgage or counter-guarantee procedures, and the bank issues a letter of guarantee or loan commitment.

Legal basis: Article 387 of the Civil Code Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may establish 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.

Summary. Dear, I am glad to answer for you, bank guarantee is a guarantee method provided by the bank to the beneficiary to ensure that the customer fulfills the contract and fulfills the obligations, and is often used in bidding, performance guarantee and other scenarios. To apply for a bank guarantee, you generally need to follow the steps below:

1.Choose the right bank: Choose a bank that you already work with or that is more credible.

2.Complete the application: Fill out the application form and provide the corresponding materials, such as contracts, business licenses, financial statements, etc.

Dear, I am glad to answer for you, bank guarantee is a guarantee method provided by the bank to the beneficiary in order to ensure that the customer fulfills the contract and fulfills the obligations, and is often used in bidding, performance guarantee and other scenarios. To apply for a bank guarantee, Liang's generally needs to follow the steps below:1

Choose the right bank: Choose a bank that you already work with or that is more credible. 2.

Complete the application: Fill out the application form and provide the corresponding materials, such as the contract, the business officer's license, financial statements, etc.

4.Payment of margin: Under normal circumstances, the bank will require the customer to pay a certain amount of margin or open a letter of credit as a guarantee to ensure that the customer can fulfill its obligations on time.

5.Sign the contract: The customer, the bank and the beneficiary Laju Xiangren sign a letter of guarantee contract to ensure the rights and interests of all parties.

It should be noted that different types of letter of guarantee may have different procedures and required materials, which need to be understood according to relevant regulations. When applying for a bank guarantee, it is recommended that you carefully read the terms of the contract in advance to understand the scope of use, the content of the guarantee and the related responsibilities to avoid disputes.