Chapter 1 General
The first article is to strengthen the effective management of the security of the company to set up the security of the company, and standardize the company's counter guarantee, improve
Second the ability to prevent risks from the source of repayment, according to the people's Republic of China national law, the people's Republic of China Security Law and other relevant laws, regulations and the company's relevant regulations, formulate this approach.
The term "counter guarantee" as mentioned in these Measures refers to the guaranty provided by the company to the company to ensure that the company shall bear the responsibility for ensuring that the company is to ensure that the company is to provide a guarantee to the creditor.
In this way, the term "counter guarantee management" refers to the comprehensive and systematic management of the company, the management and the management of anti guarantee, the management and disposal of the assets, the management and the management of the counter guarantee.
Third of the company to accept the debtor to provide credit guarantees to the creditor, the debtor or the third person to provide the company with the exception of the company's license, the company approved.
Fourth according to the provisions of the state law and the real environment of the security industry, the company guarantees the business of the counter guarantee measures for the guarantee, mortgage, pledge and other commercial reverse guarantee.
According to the characteristics of the security industry and the characteristics of the enterprise, the company determines the actual situation of each security business, and the combination scheme of the security is determined by the company.
The company set up the counter guarantee, generally to be the guarantee enterprise tangible assets of the (Qualitative) charge way, with intangible assets, rights (benefits) pledge and other guarantee way. For small and medium enterprises with weak anti guarantee, the legal representative of the company shall bear unlimited joint and several liability for the debts of the company.
The fifth companies set up the counter guarantee should follow the five principles:
(a) the legal and compliance principle, namely, the anti collateral for the national law to allow for the setting of the security of assets;
(two) the principle of the realization of the circulation, that is, the market acceptance of the anti collateral, has a wide range of liquidity, can be realized through the market;
(three) the market pricing principle, namely, through the market to determine the true value of the anti collateral;
(four) the implementation of the operational principle, in the form of the relevant laws and regulations, to set up an anti - collateral, in order to ensure that the anti - collateral can be disposed of;
(five) the principle of the interests of the debtor, that is, the setting of the anti collateral, must be able to touch the vital interests of the debtor, in order to force the debtor to perform his or his trustworthiness.
The sixth approach applies to all kinds of company's security business, the company applies to all departments.
The second chapter is the way and content of the anti guarantee
The first section of the counter guarantee
The seventh counter guarantee guarantee is that the company and the anti - guarantee agreement, when the guarantor can not fulfill the debt, the anti - Security guarantor in accordance with the agreed performance of the debt.
The eighth counter guarantee that the guarantor can be divided into two categories, one is legal person or other economic organization, the two is a natural person. The former as a guarantor, not in accordance with the provisions of the loan bank guarantee conditions, loan banks will not accept; as a guarantor, the company in the review and identification should be very cautious. The latter, as a guarantor of the counter guarantee, is a joint liability of the guarantor, which is often used in the anti guarantee of private small and medium-sized enterprises. The ninth legal persons or other economic organizations shall have the following conditions:
(a) holding the legal person's business license and certificate of credit (card) after the annual inspection;
(two) through the registration and a fixed place of business;
(three) no bad credit record of the enterprise;
(four) the rate of assets and liabilities is less than 70%;
(five) normal production and operation, profit;
(six) the owner's equity should be greater than the net value of the fixed assets;
Tenth natural persons as the conditions for the assurance of the counter guarantee:
(a) with full capacity for civil conduct, good personal credit, no civil or criminal record;
(two) the legal representative or senior management of the enterprise to be secured;
(three) the legal representative of the enterprise which is secured or has an interest in the security enterprise and the natural person having a capacity to discharge the debt.
Eleventh the following units or organizations can not be used as a counter guarantee:
(a) state organs at all levels;
(two) the public interest in the public interest for the purpose of the school, kindergarten, hospital, etc.
(three) the functional departments of the enterprise legal persons and the unauthorized branches.
Article twelfth the company shall make the following review of the counter - guarantee:
(a) to examine whether the guarantor has the legal requirements of the subject qualification;
(two) the review of the guarantee that the person has a bad loan, interest in the interest and other non performance of the contract obligations, etc.;
(three) review the financial strength of the guarantor's net assets, fixed assets and long-term investments;
(four) examine the operating conditions of the technical level, product market share, etc.;
(five) review of the assurance of the guarantor;
(six) review of economic incentives to ensure that the performance of persons and their relationship with the secured enterprise;
(seven) to examine the quality, quality, and performance of the leader of the guarantor.
Article thirteenth the company shall sign a counter guarantee contract with the counter guarantee that it is deemed to be deemed to be a contract, and the contract shall be stipulated in the contract that the guarantor shall bear joint and several liability.
Article fourteenth of the same item in the installment loan guarantees, the company may and the counter guarantee that the person on the single loan guarantees respectively to sign the "the counter guarantee contract", but also in the maximum loan amount