Can the company guarantee other people's loans?

1. Can the company guarantee other people's loans?

Legal analysis: Yes, but you need to go through mortgage pledge or counter-guarantee procedures.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.

Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.

Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it is not exercised, people will not be protected.

Second, small companies can guarantee loans to others? What are the procedures?

Small companies can guarantee loans to others and need the procedures required by banks.

3. What kind of responsibility should I bear if the company fails to repay the loan in my own name as a guarantee?

Lending money to others with their own enterprises as the guarantee, and now that person is bankrupt, everyone should bear joint and several responsibilities and issue loans. Secured loan means that when the borrower fails to provide the mortgaged (pledged) property in full, the third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. A secured loan is a loan in which the borrower's property or the property of a third party is used as the loan guarantee according to the loan contract or the borrower's agreement, and the third party is jointly and severally liable for repayment when necessary. Anyone who is jointly and severally liable must bear full responsibility for the consequences of violating legal obligations. For example: voluntary agreement, * * * joint venture capital operation, * * * joint venture profit and loss sharing risks, unlimited joint liability; In the joint and several liability guarantee, the guarantor is jointly and severally liable for the creditor's rights; Because the power of attorney is unknown, the client shall bear civil liability to the third party, and the agent shall bear joint liability; If the agent colludes with a third party in bad faith and damages the interests of the principal, the agent and the third party shall bear joint liability; The lease contract stipulates that the tenant shall pay the property fee, and the property company can directly collect it from the tenant, but the owner shall bear joint liability; If the driver causes an accident, the owner shall bear joint and several liability; In short, joint liability is the symmetry of joint liability. It refers to two or more debtors, all of whom have the responsibility to repay the same debt. Therefore, secured loans need to bear the risk of repayment for others because the lender goes bankrupt.

4. Can an institution guarantee loans for others?

Generally, it is better to be a civil servant, but it is ok.