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What does social security mean?
According to the law, there are five ways to guarantee:
1. guarantee;
2. Mortgage loan;
3. pledge;
4. Lien;
5. down payment.
It should be pointed out that:
1. When providing guarantee for legal creditor's rights, the parties can only provide the above five guarantees, and cannot create new forms of guarantee.
The scope of guarantee is as follows:
1. Scope of guarantee: principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
2. Scope of mortgage guarantee: principal creditor's rights and interest, liquidated damages, damages and expenses for realizing mortgage right. Unless otherwise agreed in the mortgage contract, such agreement shall prevail.
3. Scope of pledge guarantee: principal creditor's rights and interest, liquidated damages, damages, expenses for keeping the pledge and expenses for realizing the pledge right. Unless otherwise agreed in the pledge contract, such agreement shall prevail.
4. Scope of lien guarantee: principal creditor's rights and interest, liquidated damages, damages, lien expenses and expenses for realizing lien.
The types of guarantees are as follows:
1, working capital loan guarantee;
2. Fixed assets loan guarantee;
3. Bank draft discount guarantee;
4. Personal consumption loan guarantee;
5. Personal commercial loan guarantee;
6. Small loan guarantee for laid-off workers.
The national legal basis of guarantee is as follows:
The Guarantee Law of People's Republic of China (PRC) is the fundamental legal basis for the development of guarantee business, and the purpose of legislation is to protect the interests of creditors.
People's Republic of China (PRC) Contract Law: the fundamental basis for a guarantee company to sign contracts and guarantee contracts and agreements with debtors and creditors.
Law on the Promotion of Small and Medium-sized Enterprises: It puts forward the requirements for promoting and organizing the establishment of a credit guarantee system for small and medium-sized enterprises.
The business process of guarantee is as follows:
1, apply, the enterprise applies for loan guarantee;
2. Check and inspect the business status, financial status, mortgaged assets, tax payment, credit status and business owner of the enterprise, and preliminarily determine whether to guarantee or not;
3, communication, communication with the loan bank, further grasp the enterprise information provided by the bank, clear the amount and duration of the bank's proposed loan.
4. Guarantee: sign guarantee and counter-guarantee agreements with enterprises, handle legal procedures such as asset mortgage and registration, sign guarantee contracts with loan banks, and formally establish guarantee relationships with banks and enterprises.
5. Lending: The bank issues loans to enterprises on the basis of reviewing the guarantees, and at the same time collects guarantee fees from enterprises.
6, tracking, tracking the use of corporate loans and business operations, through the quarterly tax, electricity consumption, cash flow growth or decrease, the most direct tracking of business operations.
7. Prompt: Prompt in advance one month before the enterprise repays the loan, so that the enterprise can be prepared to repay the loan in advance and ensure the normal operation of the enterprise's capital flow.
8. Dissolution: The mortgage registration shall be cancelled and the guarantee relationship with the bank and enterprise shall be dissolved by the enterprise's bank repayment form.
9. Record the credit status of this guarantee, which is divided into four grades: normal, abnormal, overdue and bad debts, and provide credit records for subsequent guarantees.
10, put on record, all kinds of agreements signed with banks and enterprises, as well as certificates after repayment of loans and certificates for cancellation of guarantees, etc. , filed and sealed for future file query.
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