Bank loans need a lot of security but also have a lot of crisisTo an unsecured small loan guarantee risk is said to have many, and the State-owned banks into crisis? When we ordinary little people in secured bank loans when all risks and a headache, we never dreamed that we feel as strong as gold Bank of State-owned commercial banks will face because of inadequacy of the micro-credit guarantee effectiveness of legal recourse risks. Risk are the following:
1. New lending by bank loan didn't qualify for statutory guarantees of guarantee the guarantor. In accordance with the People's Republic of China Law of guarantee stipulates: "State organs, for the purpose of schools, kindergartens, hospitals and other public institutions and social organizations, branches, departments shall not act as guarantor of an enterprise as". Therefore, didn't qualify for guarantees surety guarantees that once the new loan is overdue, debt interest, banks will lose eligibility for recourse against the sponsor to enforce the law.
2. Bank loans new loans guarantee ability of corporate security. Once the new loans at risk, banks will not be able to obtain a valid discharge.
3. Ensure that people lost the ability to guarantee because of changes in the economic situation. Commercial Bank at the time of loan origination, loan unit provided by the guarantor shall have solvency; deterioration due to sponsor's own business situation, coupled with the lack of commercial banks credit checks, credit risk assessment and loan exit mechanism is not perfect, once lost the ability to guarantee the guarantor, will result in new loans at risk.
4. Sponsor enterprise restructuring or malicious evasion of Bank debts and make the new loan loss guarantees effectiveness. Banks in the loan guarantor enterprises or malicious evasion of debt cases, due to its own laws and risk awareness, coupled with the high efficiency of internal management, resulting in new loans guaranteed contract has expired.
5. Bank loan within the guarantee period do not advocate exclusion of liability of the guarantor as a right. In accordance with the provisions of the law: "in the guarantee period stipulated in the contract, the creditors do not require a guarantor liability, exemption from liability of the guarantor." Due to the risk of commercial bank loans were not strictly in accordance with the provisions in the guarantee period to guarantee effective collection, which guaranteed exemption from liability, to make risky loans recover the force of law is not valid.
6. Other guarantees the effectiveness of the law. Guarantor qualifications and abilities: one is the guarantor's business license is not true or without inspection; the second is to ensure that people are not in accordance with the regulations certifying guarantor's business performance information on three joint-stock enterprises, as sponsoring no Board members signed a resolution. On guarantee content and guarantee during aspects: a is loan people and borrowing people on main contract perform during for has changes not made guarantor of written agreed; II is loan people license borrowing people transfer all or part debt not made guarantor of written agreed; three is borrowing units of take new also old loan not made guarantor of written agreed; four is borrowing people bankruptcy Hou, loan people not timely declared claims or notification guarantor advance exercise recovery right,.
do any thing is risky, even State-owned commercial banks will encounter so many risks, so we have to face all risks of the Bank loan guarantees also is nothing. So to experience risk, will be generating revenue. If you're brave enough to face the risk of Bank loan guarantees, that will no longer have to struggle with these.