The collateral of short-term secured loans generally includes private short-term loan guarantees.

What is the responsibility of the guarantor of private loans?

The responsibilities of the guarantor of private lending include: when the debtor fails to repay the debt on time, he shall bear the corresponding guarantee responsibility according to the agreement, and the guarantor may recover from the debtor after assuming his guarantee responsibility. At this time, the guarantor enjoys the rights of the creditor against the debtor.

legal ground

Article 700 of the Civil Code

After assuming the suretyship liability, unless otherwise agreed by the parties, the surety shall have the right to recover from the debtor within the scope of its suretyship liability and enjoy the rights of the creditor to the debtor, but it shall not harm the interests of the creditor.

Article 69 1

The scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and the expenses for realizing the creditor's right. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 70 1

The guarantor may claim the debtor's defense against the creditor. If the debtor waives the defense, the guarantor still has the right to claim defense from the creditor.

Private loan guarantee contract

Five private loan guarantee contracts

With the popularization of legal concepts, the importance of contracts is becoming more and more obvious, and there are more and more interests about contracts, which is also the link to realize professional cooperation. The following is my carefully recommended private loan guarantee contract for reference only, welcome to read!

Private loan guarantee contract 1

Lender: _ _ _ _ _ _ _

ID number: _ _ _ _ _ _ _

Borrower: _ _ _ _ _ _ _ _ _

ID number: _ _ _ _ _ _ _

Guarantor: _ _ _ _ _ _

ID number: _ _ _ _ _ _ _

In order to expand production and operation, the Borrower borrows money from the Lender, and through friendly negotiation, the Contract is hereby concluded in witness thereof.

Article 1 Purpose of the loan: The loan under this contract is used for the company's business activities.

Article 2 Loan amount: RMB _ _ _ _ _ _ _ (￥).

Article 3 Loan interest

The loan interest is in the form of fixed interest, which does not change with the national interest rate, and the annual interest rate is _ _ _%.

Article 4 Term of loan and repayment:

1. The loan term is * * * five years. The Lender will pay the sum from _ _ _ _ _ _ _ _ to the Borrower in one lump sum before _ _ _ _ _.

2. Time and amount of repayment:

The repayment time of the Borrower is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

3. If the borrower fails to pay the current payment within the agreed time, the interest shall be calculated on a daily basis. If the repayment date exceeds 30 days, the liquidated damages shall be paid at 10% of the current repayment amount.

Article 5 Rights and obligations of borrowers, lenders and guarantors:

(1) Obligations of the Borrower

1. The borrower must use the loan for the purposes specified in the loan contract, and shall not use it for other purposes or engage in illegal activities.

2. The borrower shall repay the loan principal and interest within the time limit agreed in this contract.

3. The borrower agrees to repay the loan principal and interest by compulsory auction of all its assets when it is unable to repay the loan principal and interest.

(2) Lender's obligations

The lender shall pay the borrower in full and on time.

(3) Obligations of the guarantor

If the borrower fails to repay the loan in full and on time, the guarantor shall be jointly and severally liable.

The Guarantor agrees to repay the loan principal and interest in full when the Borrower is unable to repay the loan principal and interest.

Article 6 Liability for breach of contract:

1. After this agreement is formally signed, any party's failure or incomplete performance of the agreed terms of this agreement will constitute a breach of contract. The breaching party shall be responsible for compensating all economic losses caused to the observant party by its breach of contract.

2. If either party violates this Agreement, the observant party has the right to require the defaulting party to continue to perform this Agreement.

Article 7 Modification or dissolution of the agreement:

1. If the borrower needs to extend the loan term, it shall apply to the lender _ _ days before the loan maturity date and obtain its consent.

2. If the lender unilaterally cancels the agreement and recovers the principal in advance, it shall inform the borrower in advance, and the borrower will only repay the principal without paying interest.

3. Changes to this agreement must be negotiated by both parties, and a written change agreement must be signed.

4. If the borrower fails to repay the principal and interest on time due to force majeure and other reasons (such as the accidental death of the borrower), the property under the borrower's name shall be used as a priority to offset the principal and interest. If the borrower's property is insufficient to cover the loan principal and interest, the remaining principal and interest shall be paid by the guarantor.

Article 8 Contract settlement method:

Any dispute arising from the execution of this contract shall be settled by both parties through consultation. If negotiation fails, either party has the right to bring a lawsuit to the local people.

Article 9 Others:

If there are any matters not covered in this contract, both parties must formulate written supplementary terms through consultation, which have the same effect as this contract.

Article 10 describes:

The Contract is made in triplicate, one for each of the three parties (the Borrower, the Lender and the Guarantor), and all three copies have the same legal effect.

Borrower (signature and handprint)

Lender (signature and fingerprint) _ _ _ _ _ _ _

Guarantor (signature and fingerprint)

Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Contact information of the borrower: _ _ _ _ _ _ _

Home address: _ _ _ _ _ _

Contact information of the lender: _ _ _ _ _ _ _

Home address: _ _ _ _ _ _

Contact information of guarantor: _ _ _ _ _ _

Home address: _ _ _ _ _ _

Private loan guarantee contract II

Borrower: (hereinafter referred to as Party A)

Legal representative:

Lender: (hereinafter referred to as Party B)

ID number:

Party A is a newly established company, which is currently in the preparatory stage. In order to carry out normal production and business activities, Party A borrows money from Party B, and through friendly negotiation, this contract is specially concluded and abided by both parties.

I. Loan amount:

RMB (in words: one million yuan only)

Second, the loan period:

The term of the loan is from month to month. After the loan expires, if both parties have no objection, this loan contract may be extended, and the extension period shall be agreed separately.

Three, the loan interest is zero interest.

Four. The purpose of the loan:

The loan is limited to working capital loans and is used for the company's business activities. Without the consent of Party B, Party A shall not use it for other purposes.

Verb (abbreviation for verb) loan repayment:

1. If Party A fails to repay the loan on time, it shall apply to Party B for extension fifteen days before the loan expires at the latest, and then Party B can decide whether to extend the loan on the basis of negotiation between both parties.

2. If Party B needs to recover the loan temporarily, it shall apply to Party A for repayment fifteen days in advance.

Breach of intransitive verbs and its handling;

1. If Party A fails to use the loan according to the purposes specified in this contract, the lender has the right to recover part or all of the loan.

2. Where Party A uses the loan to cause losses and waste or uses the loan contract to engage in illegal activities, the relevant units shall be responsible.

Those who are directly responsible shall be investigated for administrative and economic responsibilities, and if the circumstances are serious, criminal responsibility shall be investigated by judicial organs.

Seven. Entry into force of the contract:

This contract shall come into effect after being signed (sealed) by both parties. This contract is made in duplicate, one for each party. If there are other matters not covered in this contract, both parties shall further negotiate supplementary terms.

Borrower (Party A) (Seal)

Lender (Party B)

Signature of Party A's representative:

Signature of Party B:

Date of signing:

Private loan guarantee contract 3

Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

1. Due to Party B's real shortage of funds, the funds under this contract cannot be implemented. If it is not solved in time, it will seriously affect the performance of the contract. In order to guarantee the performance of the contract and maintain the external reputation, Party A agrees to lend some funds at the request of Party B, with the amount of RMB _ _ _ _ _.

Two. The above loans are used for:

(1) Order clothing fabrics: _ _ _ _ _ _ _ _ _ _ _ ()

(2) Ordering raw materials: _ _ _ _ _ _ _ _ _ _ _ _ _ _ ()

(3) Ordering auxiliary materials: _ _ _ _ _ _ _ _ _ _ _ _ _ _ ()

(4) Others such as: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ()

Three. The above loan shall be remitted directly to:

Payee's name: _ _ _ _ _ _ _ _ _ _ _

Payee's bank: _ _ _ _ _ _ _

Payee account number: _ _ _ _ _ _ _

Four. In order to ensure the safety of Party A's funds and timely recovery of loans, Party B solemnly promises as follows:

1. Strictly perform the contract to ensure timely and quality delivery; In case of default, Party B guarantees to repay the above loan. And at the same time bear other responsibilities arising from breach of contract.

2. Pay the capital occupation fee in time. The capital occupation fee shall be paid by _ _ _ _ _ _ _ _ every month. Less than 1 month will be paid on a monthly basis.

3 to ensure that the loan funds are earmarked and not used for other purposes. If Party B is found to have used the funds for other purposes, Party A has the right to recover the funds in advance, and Party B shall pay a penalty of 30% of the loan amount.

4. Party A has the right to deduct the above loan and capital occupation fee from the settlement funds or other current accounts of both parties; Party A also has the right to entrust other enterprises that have business dealings with Party B to withhold and remit. Party B has no objection to this.

5. Once this loan agreement is established, it will be independent of relevant contracts. For any reason, Party B must repay the loan and capital occupation fee at the agreed time.

5. Party B shall return the loan and capital occupation fee to Party A within _ _ _ _ _ days at the latest from the loan payment date.

6. If Party B fails to repay the loan and capital occupation fee on schedule, Party A may bring a lawsuit to the People's Court of Gulou District, Nanjing at any time. Party B shall bear Party A's travel expenses and attorney's fees to recover the money.

5. This agreement is made in duplicate and shall come into force after being sealed by both parties.

Annex Contract, Party B's loan application and a copy of Party B's business license (omitted)

Party A: _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Private loan guarantee contract 4

Creditor (Party A) _ _ _ _ _ _

Guarantor (Party B) _ _ _ _ _ _

Article 1 In order to ensure the performance of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 2 The scope of Party B's guarantee includes the borrower's loan principal of RMB (in words) _ _ _ _ _ _ Yuan from Party A and its interest (including compound interest and extra interest due to the borrower's default or overdue repayment), the borrower's liquidated damages and the expenses for realizing the creditor's rights (including legal fees and attorney's fees).

Article 3 The performance period of the loan contract guaranteed in this contract shall be from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The guarantee period of this guarantee contract is two years, counting from the date when the borrower fails to perform the debt.

Article 4 This guarantee contract is independent of the loan contract, and Party B's guarantee liability under this contract is not exempted because the loan contract is invalid.

Article 5 Party B promises to be jointly and severally liable for the repayment obligation of the borrower, and always keeps _ _ _ _ _% of the borrower's loan balance in the account opened by Party A as the security deposit for fulfilling the guarantee obligation. If the Borrower fails to fulfill the repayment obligation as agreed in this Contract, Party B promises to fulfill the repayment obligation within _ _ _ _ _ days after receiving the written dunning notice from Party A. If Party B voluntarily fails to do so, it means that Party B authorizes Party A to deduct it from the account opened by it.

Article 6 Party B agrees that when the borrower fails to repay the principal and interest of the loan within the time limit, Party A has the right to directly request Party B to perform its obligations in the way specified in Article 5.

Article 7 Party B guarantees that if the loan contract under the loan contract expires in advance and the borrower fails to repay the loan in time, Party B will immediately begin to perform the guarantee obligations.

Article 8 Party B guarantees that it has sufficient capacity to undertake the above-mentioned guarantee responsibilities, and is not exempted from responsibilities due to any instructions received by Party B, changes in Party B's financial situation or any agreement signed between Party B and any unit.

Article 9 After this contract comes into effect, Party B shall accept the investigation on its capital and property by Party A, and Party B shall provide relevant information on its assets in time according to Party A's requirements. ..

Article 10 During the validity of this contract, Party B shall provide a guarantee to a third party, which shall not harm the interests of Party A. ..

Article 11 Either party shall not change or terminate this contract without authorization. When one party needs to change the contract, it shall reach a written agreement through negotiation.

Article 12 If the borrower and Party A agree to change the loan contract, they shall obtain the consent of Party B; Without Party B's consent, Party B will only undertake the responsibilities within the scope and duration of guarantee stipulated in this contract. However, if Party A implements the new interest rate due to the adjustment of national policies, Party B's consent is not required. ..

Article 13 If either party fails to perform its obligations as agreed in this contract, causing economic losses to the other party, it shall pay _ _ _% of the guarantee balance to the other party as liquidated damages. If the liquidated damages are insufficient to make up for the losses of the other party, compensation shall also be made for the insufficient part.

Article 14 Other matters agreed by Party A and Party B:

1._________;

2._________.

Article 15 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties shall choose one of the following methods:

1. Submitted to the local people's court for settlement;

2. Submit to the Arbitration Commission for arbitration.

Article 16 This Contract is concluded in the form of _ _ _ _ _ _ _ _ _ _ _ _.

Article 17 This contract shall come into effect after being signed and sealed by both parties.

Party A (seal) _ _ _ _ _ _ Party B (seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Legal representative (signature) _ _ _ _ _ _ Legal representative (signature) _ _ _ _ _ _

Creditor's domicile: _ _ _ _ _ _ basic account bank: _ _ _ _ _ _.

Tel: _ _ _ _ _ _ Account number: _ _ _ _ _ _

Fax: _ _ _ _ _ Tel: _ _ _ _ _ _

Postal code: _ _ _ _ _ _ Fax: _ _ _ _ _ _

Postal code: _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _

The essence of personal loan guarantee contract is a guarantee contract, but its content can also stipulate matters related to loans. At the same time, I suggest that it is best to specify the liability of both parties for breach of contract in the contract and agree on a good solution or way. When necessary, the guarantee contract can also be notarized. If so, you can also consult an online lawyer.

(2) Available and unused special funds:

(3) Temporary idle funds raised from various channels. Bank loans may not be lent.

4. The funds borrowed by the enterprise must be used for the following aspects:

(1) The bank has approved the technical transformation and project establishment of the loan. Before the bank loan is issued, the enterprise can temporarily supplement it by borrowing;

(2) 10% to 309 "The self-raised funds required for enterprise loans can be temporarily supplemented by borrowed funds when the enterprise has difficulty in raising enough funds at one time;

(3) Short-term liquidity urgently needed by the production and operation of the enterprise;

(4) part of the funds needed for technological transformation projects with low investment, high efficiency and quick results. The purpose of enterprise borrowing should be mastered in the above scope, and it cannot be used for long-term investment in fixed assets, let alone for profit by lending.

Private loan guarantee contract 5

Lender: _ _ _ _ _ _ _

ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Borrower: _ _ _ _ _ _ _

ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

On the basis of equality, voluntariness and consensus, both parties have reached the following agreement on loan matters for mutual compliance.

I. Purpose of the loan

__________________________________。

Second, the loan amount

The Borrower borrows RMB (in figures) from the Lender _ _ _ _ _ _ _ _. Use capital _ _ _ _ _ _ _ _ _ _ to be exact.

Third, loan interest.

From the date when the loan is used, the interest shall be calculated according to the actual amount used, and the compound interest shall be calculated. Within the loan term agreed in this contract, the monthly interest rate is _ _ _ _ _ _ _ _%. If the borrower fails to repay the loan on time, an interest rate of _ _ _ _ _ _ _% will be charged for the overdue part.

Four. Term of loan: The borrower promises to repay the principal and interest once a month or at maturity from _ _ _ _ _ _ _ _ _ _ _ _. For the overdue part, the lender has the right to recover the loan within a time limit.

Change of verb (abbreviation of verb) When the terms of the contract need to be changed due to the change of national interest rate, both parties shall sign a document to change the contract as an integral part of this contract.

Intransitive verb guarantee clause

(1) If the borrower uses the loan that cannot be returned to the lender at maturity, the lender has the right to dispose of the collateral. If the borrower repays the loan in full when it is due, the mortgage right will be extinguished.

(two) the borrower must use the loan in accordance with the purposes stipulated in the loan contract, and shall not be used for other purposes, and shall not use the loan for illegal activities.

(3) The borrower must repay the principal and interest within the time limit stipulated in the contract.

(4) Borrower's repayment guarantor (the guarantor's autograph and copy of ID card are required), Current address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The lender has the right to directly apply to the people's court for enforcement.

Seven. Ways to solve contract disputes

Both parties shall settle the dispute through consultation. If no settlement can be reached, they agree to submit it to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Lender (signature): _ _ _ _ _ _ _ _ _ _ _

Borrower (signature): _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Private loan guarantee model

At present, there are three common loan guarantee methods, namely, house mortgage, right pledge and third-party guarantee. I. Mortgage as loan guarantee If the borrower has real estate under his name, he can choose to use personal housing as mortgage loan. The appraised value of the real estate will not be low, which will help to increase the borrower's loan amount. If the lender takes the purchased house as collateral, there is no need to evaluate the collateral, which can save the borrower an evaluation fee; If the lender takes the house with its own property rights as collateral, the collateral needs to be evaluated by an evaluation agency designated by the bank, and the mortgagor needs to pay the evaluation fee. Where the house is used as the loan guarantee, the borrower and the borrower shall go through the mortgage registration formalities with the real estate management authority in accordance with the provisions of relevant laws and regulations, and the mortgage registration fee shall be borne by the borrower. In addition, the borrower also needs to purchase collateral property insurance and loan guarantee insurance from an insurance company recognized by the loan bank according to regulations, with the insurance amount not less than the total loan principal and interest, and the insurance expenses shall be borne by the borrower. Therefore, the borrower has to pay the mortgage registration fee, insurance fee and mortgage evaluation fee. If the borrower is well-off, you can consider this method. Two. Rights Pledge As loan guarantee, in addition to real estate and automobiles, banks can also accept specific securities and certificates of deposit as collateral. Securities include government bonds, financial bonds and corporate bonds recognized by banks, and certificates of deposit refer to RMB time deposit certificates. When the borrower applies for a pledged loan, the amount contained in the pledge right certificate must exceed the loan amount, at least 10% of the loan amount. All kinds of bonds must be authentic and valid before they can be used for pledge. The certificate of deposit must have the identity certificate of the opening bank and the certificate of exemption from loss reporting. When signing a loan pledge contract with the bank, the borrower shall hand over the securities, certificates of deposit and other pledges to the loan bank for safekeeping, and the bank shall assume the custody responsibility. Generally speaking, the choice of guarantee means that the family should have enough financial assets, which can completely meet the demand of buying houses, but it is difficult to achieve or will bring certain losses. Third, the third-party guarantee is a personal housing loan guarantee method, which requires the borrower to provide a guarantor recognized by the loan bank. According to the regulations of the loan bank, the guarantor must be an enterprise legal person, provide loan guarantee for the borrower, and be an irrevocable joint liability guarantee. The borrower shall provide a copy of the business license of the third-party legal person. The third-party legal person must be independent in accounting, be responsible for its own profits and losses, have a sound management institution and financial management system, have an enterprise credit rating equivalent to AA or above, open an account with a loan bank, and have no significant creditor's rights and debts, or any of them cannot be a third party.

Legal basis:

Article 394 of the Civil Code defines mortgage as the performance of secured debt. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation 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.

The introduction of private short-term loan guarantee ends here.