Guarantee agencies, for enterprises applying to provide guarantees for them, require that the applying enterprises must provide corresponding counter-guarantee measures, including: mortgage counter-guarantee, pledge counter-guarantee, guarantee counter-guarantee of enterprises or individuals, and margin counter-guarantee. The guarantee institution may adopt one or several counter-guarantee measures according to the actual situation of the enterprise and the project.
Guarantee refers to the third party to guarantee the debtor's debt travel, by the guarantor and the creditor agreed that when the debtor fails to fulfill the debt, the guarantor performs the debt or assumes the responsibility according to the agreement.
Mortgage refers to the debtor is the third party to determine the immovable or movable property without transfer of possession, the property as security for the bond, when the debtor fails to fulfill the debt, the creditor has the right to the property in accordance with the provisions of the security law and the relevant rules and regulations of the interpretation of the property at a discount, or auction, sale of the property to receive priority compensation.
Pledge includes movable property pledge and rights pledge. Chattel pledge refers to the debtor or a third party will be transferred to the creditor's possession of the movable property, the movable property as a security for the claim; rights pledge refers to the debtor or a third party will be the object of its property rights other than alienable property rights, as a security for the claim, when the debtor fails to fulfill the debt, the creditor has the right to the security law and the relevant interpretation of the rules of the property or the right of the property
Li discount or auction, Sale of the proceeds of the price of priority compensation.
The bond counter-guarantee refers to the debtor or the third party to the contract between the parties agreed to a certain amount of cash deposited in the account designated by the guarantor, by the guarantor in possession of the debtor's failure to fulfill the debt as a guarantee, the debtor's failure to fulfill the debt leads to the guarantor to pay the debt on behalf of the guarantor, the guarantor may be the cash priority compensation.
I. Counter-guarantee measures
(I) mortgage counter-guarantee measures and operating procedures
1. The scope of the enterprise to provide collateral.
(1) The following properties can be mortgaged: houses and other aboveground fixtures owned by the enterprise; machines, means of transportation and other properties owned by the enterprise; state-owned land use rights, houses and other aboveground fixtures that the enterprise has the right to dispose of in accordance with law; state-owned machines, means of transportation and other properties that the enterprise has the right to dispose of in accordance with law} deserted mountains, deserted ditches, deserted hills, deserted beaches and other wasteland land that the enterprise has contracted for in accordance with law and agreed to be mortgaged by the contracting party, land use right of deserted land such as deserted mountains, deserted ditches, deserted hills and deserted beaches, etc., contracted by the enterprise and agreed to be mortgaged by the contracting party; and other properties that can be mortgaged by the enterprise according to law.
(2) The following properties may not be mortgaged: land ownership; collectively owned land use rights such as arable land, residential land, self-reserved land, and self-reserved hills, except for the land use rights of barren mountains, barren ravines, barren mounds, barren beaches and other barren land contracted in accordance with the law and agreed to be mortgaged by the contractor, and for the mortgage of buildings such as factories and other buildings of townships (townships) and villages, where land use rights within the area of their occupation shall be mortgaged at the same time; schools, kindergartens, hospitals and other buildings of public interest; and other properties which may be mortgaged by the enterprise in accordance with the law. Schools, kindergartens, hospitals and other public welfare institutions, social organizations, educational facilities, medical and health facilities and other public welfare facilities; ownership, right of use of the property is unknown or disputed; the law has been seized, detained, supervision of the property; the law shall not be mortgaged other property.
2. Information on mortgage counter-guarantee to be submitted by the applicant enterprise to the guarantor.
List of mortgages; proof of ownership of mortgages; appraisal materials of mortgages; mortgage statement of consent to mortgage by the person with the right to dispose of the mortgages' proof of insurance of mortgages.
3. Mortgage counter-guarantee operating procedures.
(1) The parties to the contract on the property mortgaged, shall apply for registration of the collateral;
(2) for the registration of the collateral, shall provide the registration department with the main contract and the mortgage contract, the collateral of the ownership or the right to use the certificate or a copy.
(3) for mortgage registration of the following departments:
① to no ground fixation of land use right mortgage, for the issuance of the land use right certificate of the land management department;
② to urban real estate or township (township), village enterprises, such as plant and other buildings mortgaged for the local government at or above the county level prescribed by the department;
③ to forest mortgages for the Forestry authorities at or above the county level;
④ to aircraft, ships, vehicles mortgaged for the registration of means of transportation,
⑤ to enterprise equipment and other movable assets mortgaged for the industrial and commercial administration where the property is located;
⑥ other than the above property mortgaged property, the parties to the contract can be notarized to the notary public department of the location of the mortgagor for the mortgage contract .
(4) Counter-guarantee mortgage rate: the mortgage rate of immovable property (calculated on a net basis) is not higher than a certain value (e.g., 60%); the mortgage rate of transferable movable property (calculated on a net basis) is not higher than a certain value (e.g., 50%).
(2) Pledge counter-guarantee measures and operational procedures
1. The scope of the pledge provided by the enterprise. The following rights can be pledged: bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts, bills of lading; legally transferable shares, stocks I legally transferable property rights in the exclusive right to use trademarks, patents, copyrights; legally transferable other rights.
Movable property that can be used as collateral can also be pledged to transfer the movable property to the possession of the guarantor.
2. Pledge counter-guarantee information to be submitted by the applicant enterprise to the guarantor. The list of pledges, pledge ownership certificate, pledge assessment materials, have the right to dispose of the person agreed to pledge the pledge statement.
3. Pledge counter-guarantee operating procedures.
4.
(1) If the contracting parties pledge movable property, they shall deliver the movable property to the pledgee within the period agreed upon in the contract.
(2) the contracting parties to the rights of the pledge, the following procedures should be carried out:
① bill of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts, bills of lading pledge should be in the contract within the period of time the rights of the documents delivered to the pledgee;
② transferable by law of the shares of stock, should be to the securities registry for the pledge procedures;
(iii) the pledge of shares of a limited liability company, the relevant provisions of the law shall apply to the transfer of shares;
(iv) the pledge of property rights in the exclusive right to trademarks, patents, copyrights, which can be transferred according to law, the pledge shall be registered with the other management department.
(3) Pledge counter-guarantee pledge rate. Transferable movable property pledge rate (calculated on the basis of net value) is not higher than a certain percentage (such as 50%)}Intellectual property pledge rate is not higher than a certain percentage of the assessed value (such as 50%). The pledge rate of marketable securities is not higher than a certain percentage of the present value (e.g. 80%): the pledge rate of equity of non-listed companies is not higher than a certain percentage of the net assets they account for (e.g. 50%); the pledge rate of equity of listed companies is not higher than a certain percentage of the net assets they account for (e.g. 60%).
(3) Guarantee and Counter-guarantee Measures and Operational Procedures
1. Guarantee and counter-guarantee enterprises shall provide the following information to the guaranteeing party: business license (copy of copy); capital verification report; financial statements of the current period (quarterly and monthly) and financial statements of the last two years verified by legal intermediary institutions (with audit report), including balance sheet, profit and loss account, and cash flow statement, etc.: Loan Card and inquiry results; board of directors' resolution agreeing to provide guarantee counter-guarantee; enterprise Articles of Incorporation; certificate of legal representative (entrustment) and ID card of legal representative (or entrusted person).
2. The examination procedure of the guarantee counter-guarantee is carried out in accordance with the examination procedure of the applying enterprise.
(4) Forms of Pledge of Accounts Receivable
Where a pledge of accounts receivable is used, the amount of accounts receivable shall be more than one times the amount of the guarantee, and where the accounts receivable is returned before the maturity of the loan, such accounts receivable shall be partially withdrawn and deposited for repayment of the loan.
(V) Counter-guarantee in the form of security deposit
In the case of a counter-guarantee in the form of a security deposit, in principle, the rate of deposit is 20% of the guaranteed amount. If the guaranteed enterprise is unable to fulfill its repayment obligations, the security deposit will be the compensation; after the guaranteed enterprise fulfills its repayment obligations, the guarantee company will return the security deposit in full.