Job Recruitment Website - Property management - Can rented shops be used for loans? Can rented shops be used for loans?
Can rented shops be used for loans? Can rented shops be used for loans?
Legal analysis: Yes. Personal store mortgage loan refers to the loan that the borrower applies for a loan from the lender with its own or third-party commercial house as collateral to solve the shortage of funds.
The basic conditions of mortgage loan for shops are: they must have the ownership of shops, the shops they operate cannot be rented, and the maximum loan amount generally does not exceed 50% of the assessed value. Banks will comprehensively determine the maximum loan amount according to factors such as the face value, market value and location of shops; The loan term and house age shall not exceed 30 years.
Legal basis: Article 399 of the Civil Code of People's Republic of China (PRC). The following properties shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.
Can shops be used for mortgage loans?
Shops can also be used for mortgage loans. As long as the legally acquired real estate can be used for mortgage, real estate is the most suitable collateral for banks. Generally speaking, it is necessary to evaluate the house before handling the mortgage. After the evaluation, only 70-80% of the evaluation price can be loaned, and the loan cannot be fully paid off.
1. Agreement of the store lease contract: In addition to the main body, the common clauses in the store lease contract mainly include: location, area, rent, rent increase ratio and time point, lease deposit or performance bond, liquidated damages, contract rescission right, liability for breach of contract, handling method, compensation, etc. Because there are many problems, only some of the above problems are analyzed. On the one hand, the agreement of the lease location involves the choice of the agreed jurisdiction, on the other hand, it also involves the design of the corresponding breach clause when the lessor changes the specific store in the investment promotion stage. On the issue of rent increase and time point, what needs to be paid attention to here is whether the increase base is monthly rent, quarterly rent or annual rent. Under the condition that the incremental ratio and time point are clearly agreed, the lessee can estimate the cost and income of the performance of the lease contract, so as to estimate whether the lease investment is feasible. As for the lease deposit or performance bond, it is generally a deposit to ensure the lessee to perform the contract according to the contract, aiming at the lessee's unilateral breach of contract or damage to the store or violation of property management regulations. This point should be elaborated in some cases, and the bottom clause should be well designed.
2. The materials needed to handle the mortgage loan of shops include: personal ID card and its photocopy, work certificate or business certificate, personal income certificate, business license of shops and its photocopy, personal credit report and other related materials. After the above materials are ready, you can fill in the application form and power of attorney at the bank. Shops' mortgage loans can be tens of percent: Shops' mortgage loans need to be divided according to the nature of borrowers, which can be divided into individual shops' mortgage loans and enterprise shops' mortgage loans. However, the mortgage approval of ordinary individual shops is not easy. If the borrower's qualifications and reputation are good, the evaluation price of the store will be higher. Generally, the loan will be 50% of the appraised price, but the height should not exceed 70%. This is because the percentage control of stores is very strict. The interest rate is the benchmark interest rate floating 10%. If the borrower's situation is not very good, the interest rate may increase. If it is the company's store mortgage, it will be relatively simple, and the mortgage will generally not exceed 60% of the assessed value.
Can the store directly borrow money?
Shops can be used to apply for loans. According to the provisions of China's civil code, buildings, construction land use rights, sea area use rights and other legally mortgaged properties that the debtor or a third party has the right to dispose of can be used as collateral.
legal ground
Article 395 of the Civil Code 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.
Can shops get loans?
Legal analysis: shops can borrow money. It should be noted that shop loans are a kind of commercial real estate loans, not personal housing loans, so provident fund loans cannot be used. Commercial loans can buy shops, you can find loans from loan companies. If you have good conditions and can endure a long waiting time, I recommend you to buy a shop with a bank loan. When applying for a loan from a store bank, you need the borrower's identity certificate, income certificate, store purchase certificate, mortgage certificate and other information as well as other conditions required by the bank.
Legal basis: Article 25 of the General Principles of Loans: If a borrower needs a loan, he shall directly apply to the host bank or the agent bank of other banks. The borrower shall fill in the loan application, including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information: 1. Basic information of the borrower and guarantor; The second is the financial report of the previous year approved by the financial department or accounting (auditing) firm, and the financial report of the previous period before applying for a loan. Third, correct the original unreasonable loans. The fourth is the list of collateral and pledge, the certificate of consent of the mortgagee and pledge disposition, and the relevant certification documents of the guarantor's intention to agree to guarantee; V. Project proposal and feasibility report; Other relevant information deemed necessary by the lender. It is suggested to borrow money from the bank to buy a shop.
Can I use the storefront as a mortgage?
Of course. Shops can apply for mortgage loans, and they need to apply for loans through real estate mortgage or business license. As long as the store meets the conditions of mortgage loan and the documents are complete, the applicant also meets the conditions of applying for loan. If it is a leased store, you can also apply for a mortgage loan at the bank.
Legal basis:
"Interim Measures for Personal Loans" Article 11 An application for personal loans shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.
Can shops mortgage loans?
Question 1: Can the store real estate license be used for mortgage loan? Yes, the line can be used for mortgage loan!
Enterprises (industrial and commercial licenses) with real estate as collateral apply for loans for lenders.
The lender first negotiates with the bank about the mortgage loan, and then applies to the appraisal company for appraisal according to the designation of the bank, and obtains the appraisal report. After that, the lender and his wife apply for mortgage loan in the bank with their identity certificate, household registration book, marriage certificate, house ownership certificate, land certificate (or copy), business license, tax registration certificate, income certificate, bank capital flow and house evaluation report, and then go to the housing management department for mortgage registration and withdraw the loan from the bank!
Question 2: I want to apply for a mortgage loan for a shop worth 600 thousand. How much can I borrow? Shops can easily get mortgage loans, and the loan amount is about 50% to 70% of the assessed value. First, when you go to the bank to apply for a real estate mortgage loan, the bank will inform the appraisal company to conduct on-site appraisal, so the appraisal value of the appraisal company is also a very important reference standard. I hope my answer can help you, so please accept my advice.
Question 3: How much can a store mortgage loan borrow? The personal loan mortgage rate of China Merchants Bank is as follows: If "commercial house" is used as collateral, the maximum loan/credit line shall not exceed 60% of the net value of real estate appraisal or 50% of the present value of appraisal; The credit line of the loan shall not exceed 50% of the transaction price of the purchased commercial housing and 55% of the transaction price of the purchased commercial and residential dual-use housing. Your specific loanable amount needs to be determined after comprehensive examination and approval in the later period. Please contact the handling bank directly for confirmation.
Question 4: How much can a store mortgage loan be borrowed? If it is a store mortgage loan, it needs to be divided into personal store mortgage loan and enterprise store mortgage loan according to the nature of the borrower.
Generally speaking, it is difficult to approve mortgage loans for individual shops, because there are many restrictions on the use of personal loans, which can only be used to buy second-hand buildings, decoration, high-end consumer goods and so on. It is equivalent to making a consumer loan. If the borrower's qualification is good and the store's evaluation value is high, the general loan is 50% of the net evaluation value (the maximum is not more than 70%, and the percentage of stores is strictly controlled). Moreover, the personal consumption loan interest rate rose by 10% compared with the benchmark interest rate, which was 6.22%. If the borrower's situation is average, the interest rate may rise. If the company shops mortgage loans, it will be much easier to operate. The loan ratio generally does not exceed 60% of the assessed net value (70% is stipulated in the document, but it is generally not approved), and the loan interest rate fluctuates by 10% according to the benchmark loan interest rate of the same grade in the same period of the People's Bank of China, and the specific interest rate depends on the examination and approval. At present, the one-year benchmark interest rate of PBOC is 5.58%. The use of mortgage loans in corporate shops should also be investigated, but the scope of use is not as strict as that of individuals. As long as it is reasonable and legal, it is basically feasible to recover the loan principal.
Question 5: Can a bank mortgage loan buy a shop? 1. You can borrow up to 500,000 yuan for your house, but you can only pay by credit card. 2. Shops are not included in the national purchase restriction policy. 3. Depending on your own conditions, 10 can only go up by about 30% at most.
Question 6: What are the conditions for personal store mortgage loan?
(1) Having a legal and valid residence status;
(two) there is a contract or agreement for the purchase of shops;
(3) Have a stable occupation and income, good credit, and the ability to repay the principal and interest of the loan on schedule;
(4) There is a down payment of not less than 20% of the total price of the purchased store;
⑤ Agree to use the purchased shops as collateral or assets recognized by the loan bank as collateral or pledge, or units or individuals with guarantee qualifications and sufficient compensation capacity as guarantors to repay the loan principal and interest and bear joint and several liabilities.
Processing flow:
(1) The lender brings all the application materials to the bank to apply for a store mortgage loan;
(2) The bank conducts loan investigation and approval;
(3) If the loan is approved, the bank shall go through the loan formalities according to the prescribed procedures after implementing the loan conditions;
(4) The Lender shall repay the loan principal and interest as agreed in this Contract;
(5) After the loan is settled, the mortgage registration department shall handle the mortgage registration and cancellation procedures in accordance with the provisions of the bank.
Question 7: Can the facade house be used as a mortgage loan, and the mortgage loan process can be divided into 20 points:
1. The borrower opens a current deposit account in the bank;
2. Information required for preparing the loan;
3. Sign the bank face to face;
4. Bank filing and approval;
5. After approval by the bank, notify the borrower of the approval result and sign a loan contract with the borrower;
6. Go to the Construction Committee for mortgage registration;
7. The Project Construction Committee issues his right certificate;
8. Handle insurance, notarization and other procedures as appropriate;
9. The bank directly transfers the loan to the account agreed in the contract;
10. The borrower repays the loan principal and interest according to the loan contract.
Information on applying for housing loan:
1. The borrower's valid ID card and household registration book;
2. Proof of marital status, unmarried persons need to provide proof of unmarried, and divorced persons need to issue a civil mediation or divorce certificate (indicating that they have not remarried after divorce);
3. If you are married, you need to provide your spouse's valid ID card, household registration book and marriage certificate;
4. The borrower's income certificate (salary income certificate or tax payment certificate for half a year);
5. Real estate title certificate;
6. Guarantor (ID card, household registration book, marriage certificate, etc. Is required).
Question 8: Can the store management right be mortgaged?
~ provide consultation and reply opinions on issues such as the pledge of store management rights.
According to the provisions of People's Republic of China (PRC) Property Law, People's Republic of China (PRC) Guarantee Law and People's Republic of China (PRC) Contract Law, we believe that the right to lease management as a pledge has no clear legal recognition; There are certain legal risks in applying the lease management right transfer agreement as a guarantee measure. The specific opinions are as follows:
1. According to the principle of "legal property rights" stipulated in Article 5 of the Property Law of People's Republic of China (PRC), the types and contents of property rights are stipulated by law, but there is no law that the lease management right can be used as the pledge target, so we think it cannot be used as the pledge target.
There is no clear law on whether the right to lease and operate a house can be the subject of security interest. There have always been different views in theory and practice. Some people think that the right to lease the house can be attributed to the accounts receivable in Item 6 of Article 223 of People's Republic of China (PRC) Property Law, or other property rights that can be pledged according to laws and administrative regulations in Item 7.
However, this statement also has some shortcomings: the right to lease management is not accounts receivable, but more the right to use things; As for the so-called other property rights that can be pledged by laws and administrative regulations, we can't find any laws and administrative regulations that stipulate that the lease management right belongs to the property rights that can be pledged. Therefore, we believe that the right to lease management cannot be used as the object of security interest.
If it is stipulated in the agreement that the lease right is the object of the security interest, if the lawsuit comes, it is likely to be deemed invalid.
2. In order to control the exchange value of the store lease right, the guarantee company entered into a lease right transfer agreement with the borrower, so as to directly accept the store lease right after compensation, so as to compensate its own losses. This agreement still has some legal risks.
First of all, the right to lease management is a lease contract based on creditor's rights after all. Whether the lease contract is fulfilled depends largely on whether the lessor fulfills the house lease contract. If the lease contract is not fulfilled, the operating benefits generated by the leased store cannot be guaranteed.
Secondly, the lease management right is agreed to be transferred with compensation. If the original lessee does not cooperate, it is difficult to judge that he will continue to perform the contract-transfer the lease management right. If so, as the guarantor of the transferee, it is difficult to realize the expectation of obtaining the right to operate the store.
Finally, even if the leased store is successfully transferred to the guarantor, whether the owner agrees to the guarantor's continued transfer or sublease has a key impact on whether the guarantor can recover the compensation funds.
Based on the above points, we believe that:
Even if we want to control the borrower in the right to lease management, it is best to design the contract for the transfer of the right to lease management as an independent contract, rather than a subsidiary contract of the loan contract or the guarantee contract, so as to avoid the risk that the right to lease management is denied as the subject matter of the security right; If the relationship between the two parties is designed as the transfer of lease management rights, it is advisable to obtain the consent of the store lessor first, so as to avoid identifying the transfer of the store by the borrower as illegal subletting and harming the interests of the transferee.
Question 9: Answers to the mortgage loans of shops:
The first is the choice of banks. I suggest you choose mortgage loans from commercial banks. The smaller the banks, the easier it is to get high loans. Within five years, the average annual interest rate will be around 7%.
Then there is the use of post-loan funds. If your friend is reliable, the monthly interest rate 1.5 and the annual interest rate 18%. Provided that your friend is reliable. Pay back 400,000 external account for the loan, leave a small amount of working capital, and invest the rest directly to your friends. There are not many bank loans.
But as far as I know, small loan companies and guarantee companies are in their heyday and are everywhere. It seems that the state will introduce policies to expand the scope of bank loan business. I wonder if it will affect your friend's industry in the future. I suggest choosing carefully.
Investment is risky, so be careful in line selection! ~ I wish you a lot of money ~
Question 10: How much can a store mortgage loan be borrowed? Can I get cash? See how much your shop can cost. For example, the market value 100 yuan, the bank gives you an evaluation, and they think it is only worth 80 (the highest proportion). Shops can only borrow 50%, and finally you can borrow 40%. Do you see it?
This is the result of the introduction of rent-a-shop loans and rent-a-shop loans. I wonder if you have found the information you need?
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