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Anonymous users2024-02-15Generally, it is a one-time charge.
The guarantor meets the conditions:
not involved in the case;
enjoy political rights and personal freedom without restrictions;
Have a permanent residence and a fixed residence in the local area;
Ability to meet guarantee obligations.
Special provisions for guarantor qualifications.
Legal persons, other organizations, or citizens who have the ability to repay debts on their behalf may act as guarantors. However, where a legal person, other organization, or natural person who does not have full solvency makes a request for exemption from guarantee liability on the grounds that he or she lacks the ability to compensate after entering into a guarantee contract in the capacity of a guarantor, the people's court will not support it.
According to the relevant provisions of the General Principles of the Civil Law, individual industrial and commercial households and rural contracted business households are a special form of citizens. Therefore, as a guarantor, a citizen can also be an individual industrial and commercial household or a rural contracted business household.
Those who can act as guarantors include: sole proprietorship enterprises and partnership enterprises that have registered and obtained business licenses in accordance with the law; Joint ventures that have been registered and licensed in accordance with the law; Chinese-foreign cooperative joint ventures that have registered and obtained business licenses in accordance with the law; Social groups that have been approved and registered by the civil affairs departments; Township, street, and village-run enterprises that have been approved to register and receive business licenses.
Where a branch of an enterprise legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. Where the functional department of the enterprise legal person provides a guarantee, the guarantee contract is invalid.
Public institutions and social organizations for the purpose of the public interest must not act as guarantors. Where a public institution or social organization engaged in business activities is the guarantor, the guarantee contract signed by the public institution or social organization engaged in business activities shall be deemed valid if there are no other circumstances that cause the guarantee contract to be invalid.
Sixth, in the process of accepting loans provided by foreign countries or international economic organizations, and after being approved, state organs can act as guarantors. In other cases, you are not allowed to act as a guarantor.
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Anonymous users2024-02-14The guarantee fee is generally charged in a lump sum. However, there are also guarantee agencies that do not charge handling fees, but increase the monthly interest to charge. It depends.
Many companies do not have a loan fee, and the principal and interest are included in the monthly repayment.
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Anonymous users2024-02-13The guarantee fee is charged on a one-off basis.
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Anonymous users2024-02-12The standard for the collection of guarantee fees is different between different regions, and the charging standards of different guarantee agencies are also different. However, the standard for charging the guarantee fee is generally determined according to the following articles: 1. The risk degree of the guarantee project; 2. The economic assets of the guarantor; 3. The financial status of the guarantor; 4. The credit status of the guarantor, etc.
In general, the guarantee rate charged is between 3% and 5%. According to the relevant national policies, the benchmark guarantee rate can be charged at 50% of the bank's loan interest rate for the same period, and the specific guarantee rate can fluctuate by 30% to 50% on the basis of the benchmark rate according to the degree of project risk, or it can be independently agreed by the guarantee agency and the regulatory department. The guarantee fee is the fee that the loan applicant needs to pay when applying for a loan guarantee from a professional guarantee company.
The level of the guarantee fee is generally assessed by the guarantee agency through the risk of the guaranteed project, but it shall not violate the relevant national regulations. If the guarantee fee is independently agreed upon by the guarantee agency and the regulatory department of the guarantee agency, the guarantee dispute is not protected by law. Under normal circumstances, in order to avoid the risk that the loan applicant will not be able to repay the loan, the bank requires the loan applicant to provide a guarantee certificate of a legal person, other economic organization or natural person with sufficient solvency.
The guarantee rate of policy guarantee institutions is generally 1-2%, and the guarantee rate of commercial guarantee institutions is generally 2-4%.
Legal basis: Article 681 of the Civil Code of the People's Republic of China [Definition of Guarantee Contract] A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or the situation agreed by the parties occurs. Article 682 [Subordination of Guarantee Contracts and Legal Consequences of Invalidity of Guarantee Contracts] A guarantee contract is a subordinate contract of a principal creditor's rights and debts contract.
If the principal creditor's rights and debts contract is invalid, the guarantee contract shall have no effect, 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.
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Anonymous users2024-02-11The standard of guarantee fee is as follows: the standard of guarantee fee is different between different regions, and the fee standard of different guarantee institutions is also different. However, the standard for charging the guarantee fee is generally determined according to the following articles:
1. The degree of risk of the guaranteed project; 2. The economic assets of the guarantor: 3. The financial status of the guarantor; 4. The credit status of the guarantor, etc. In general, the guarantee rate charged is between 3% and 5%.
According to the relevant laws and regulations, the mortgage guarantee fee refers to the fact that in order to avoid the risk of housing loans, banks generally require the borrower to provide a guarantee certificate of a legal person, other economic organizations or natural persons with sufficient solvency.
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Civil Code of the People's Republic of China
Article 681:A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or when the circumstances agreed by the parties occur.
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Anonymous users2024-02-10The standard of charging the guarantee fee is generally determined according to the following articles:
1. The degree of risk of the guaranteed project;
2. The economic assets of the guarantor;
3. The financial status of the guarantor;
4. The credit status of the guarantor, etc. In general, the guarantee rate charged is between 3% and 5%. The guarantee fee is the fee that the guarantee company needs to charge when providing the guarantee certificate to the customer, and the guarantee fee is not fixed, and usually the fee needs to be paid differently for different users and the type of loan of the user.
Civil Code of the People's Republic of China
Article 386.
The holder of the security interest shall have the right to be repaid in respect of the secured property in accordance with the law if the debtor fails to perform the due debt or the security interest is realized as agreed by the parties, except as otherwise provided by law. Article 387.
Where a creditor needs a guarantee in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may establish a security such as a real right 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.
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Anonymous users2024-02-09Fee collection standard: The guarantee fee is based on the guarantee amount and is charged according to the guarantee rate (monthly rate). The review fee is 3 of the amount of the guarantee application, less than 3,000 yuan is charged in advance at 3,000 yuan, and the project is terminated after careful review in the preliminary review stage, and is charged at 1,000 yuan.
Guarantee fee = guarantee amount Guarantee time (month) Monthly guarantee rateMonthly guarantee rate = monthly benchmark rate Risk degree pants scum coefficient Quota coefficient. Where the person applying for preservation is ordered to provide a guarantee for property preservation in accordance with the provisions of the Civil Procedure Law, the amount of the guarantee shall not exceed 30% of the amount requested for preservation; If the property for which preservation is sought is the subject matter of the dispute, the amount of security shall not exceed 30% of the value of the subject matter of the dispute.
If you have a free installment payment, you can consider taking it for an installment. If it is to be charged. Then you can consider whether to handle it according to your actual needs.
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