One, used car finance loan basic knowledge
Never lender is a guarantee company or the like, will deliberately create to let you default, and then your car towed, and then after that let you fruit you do not pay, the car will not be returned to you, at this time, your down payment is gone, the car is gone, but the loan you have to continue to pay back, if you do not pay back the loan, it will be You
Two, mortgage financial knowledge
Mortgage is a civil and commercial activities both ancient and important form of debt security, then you know how much mortgage? The following is organized by me on the mortgage financial knowledge, to provide you with reference and understanding, I hope you like!
Mortgage financial knowledge
First, how to understand the guarantee?
Guarantee refers to the economic and financial activities, the creditor in order to guard against the risks arising from the debtor's default, reduce the loss of funds, by the debtor or a third party with property or credit to provide performance guarantees or assume the corresponding liability for security, to ensure the realization of the claim of a kind of economic behavior. According to Article 1 of the Guarantee Law, this Law is enacted to promote the financing of funds and the circulation of commodities, to safeguard the realization of claims and to develop the socialist market economy, which is a provision on the legislative purpose of the Guarantee Law. According to this provision, the guarantee is a kind of system to guarantee the realization of claims, the core function of the guarantee is to guarantee the realization of claims, it is precisely because the guarantee has the function of guaranteeing the realization of claims that it can promote the financing of funds and the circulation of commodities, and develop the socialist market economy.
In accordance with the provisions of the security law, the legal security has five kinds of guarantee, mortgage, pledge, deposit, lien, in the credit business, mainly involves three kinds of security: guarantee, mortgage, pledge. (On the specific definition of deposit and lien as the basics of the reader to consult the relevant provisions of the security law)
Second, the role and limitations of loan guarantees
(a) the role of loan guarantees
credit institutions are facing the biggest risk is the risk of default of the borrower, security measures as an important means of risk diversification is widely used, the guarantee system as a guarantee of the claim As an important system to ensure the realization of the debt, if the debtor can not pay off the debt, the creditor can make the debt through the loan guarantee to pay off the debt. By setting security measures, can effectively protect the security of the loan, security measures as a second source of repayment, is the first source of repayment of the supplement, when the borrower first source of repayment of the problem, the credit institutions can through the claim of security rights to realize the claim. Loan guarantees contribute significantly to the development of money lending and capital financing by securing the borrowing and lending relationship. Without security, the development of markets and credit would be empty.
In addition, if the security measures are set up, once the borrower defaults, the creditor can exercise the mortgage right, pledge right or require the guarantor to bear the guarantee responsibility according to the contract. During the period of fulfillment of the borrowing contract, the borrower will always be under the pressure of fulfilling the contract, so the security measures can effectively increase the borrower's cost of default, and the higher the cost of the borrower's default, the more willing the borrower will be to repay the loan.
(ii) the limitations of loan guarantee
Guarantee measures in addition to the above role, but also has certain limitations:
First, the guarantee measures can not replace the assessment of the borrower's creditworthiness
Generally speaking, a normal loan depends on two factors, the borrower's repayment ability and willingness to pay back, which, the ability to pay back the objective factors, and the willingness to pay back the subjective factors, the ability to repay the objective factors. In order to effectively assess the borrower's willingness and ability to repay, we need to investigate and understand the borrower, and generally require the customer to provide appropriate security. However, as far as the guarantee is concerned, it is only the second source of repayment. Credit institutions should focus on the first source of repayment, the first source of repayment of the borrower, the borrower's cash flow and the ability to continue operation. Guarantee measures can not replace the assessment of the borrower's creditworthiness
Many credit institutions and account managers have a wrong understanding and idea that it is safe to have heavy enough collateral or a strong guarantor to do the guaranteed borrowing, which is a very wrong idea. Excellent account managers must abandon this idea, as opposed to the guarantee method, account managers should focus on the business situation of the enterprise itself and the ability of sustainable development, focusing on the borrower's first source of repayment and cash flow, especially small and micro-enterprise loans.
Secondly, having a loan guarantee does not ensure that the loan will be recovered, even if it can be recovered, it will cost a lot of manpower and material resources
In practice, once it comes to the realization of the right to guarantee, whether it is to dispose of the pledged property or to require the guarantor to assume the guarantee responsibility, often not too smooth, the pledged property is seized resulting in the collateral is slow to realize the guarantee is not cooperating with the case is very common, especially through the judicial process. It is very common, especially through the judicial process, which often takes a lot of manpower and resources and a long time. As a credit institution practitioners should be sober enough to realize that with the loan guarantee industry does not necessarily guarantee the safety of the loan.
Third, guarantee guarantee assessment points
(a) guarantee guarantee overview
Guarantee guarantee refers to the guarantor and the creditor agreed that when the debtor does not fulfill the debt, the guarantor in accordance with the agreement to fulfill the debt or assume responsibility for the behavior. Guarantee refers to a third party other than the debtor for the debtor to fulfill the debt to the creditor to do a kind of guarantee. Is a typical guarantee, typical agreement guarantee. The advantages of the guarantee is: first, the establishment of simple, sign a contract; Second, the guarantee liability and all the property of the guarantor; Third, the exercise of convenient, can require the guarantor to assume the responsibility of the guarantee directly. The shortcomings of the guarantee are: first, the creditor does not enjoy the priority of the guarantor's property; second, the guarantor may provide guarantee for multiple creditors at the same time, and the status of each creditor is equal; third, the guarantor's property can be changed at any time, and may lose the ability to pay. Generally speaking, the joint and several liability guarantee of the legal representative or the actual controller of the enterprise is essential in the loan business, but seldom as the only security measure.
(B) the assessment of the guarantee guarantee points
In the analysis of the guarantee guarantee should pay attention to the following risk points:
1, the guarantor's subject qualification needs to be qualified
On the subject qualification of the guarantor, the "Guarantee Law" does not make special restrictions, according to the "Guarantee Law", Article 7, "has the ability to liquidate the debt for the legal person, other organizations, or citizens Legal persons, other organizations or citizens with the ability to settle debts on behalf of the guarantor can act as guarantors." We need to focus on some can not be a guarantor or do the guarantor is limited to the subject, according to the "Guarantee Law" and the "applicable interpretation" of the provisions of the subject can not be used as a guarantor to carry out the act of guarantee, including the following:
(1) without the approval of the State Council of the State organs;
(2) for the purpose of the public welfare of public institutions, social organizations, kindergartens. Including schools, kindergartens, hospitals, radio stations, television stations, etc.;
(3) Functional departments of the enterprise corporation;
(4) Branches of the enterprise corporation without written authorization, the branch to provide external guarantees must have the authorization of the head office, and within the scope of the authorization to provide guarantees.
It is worth noting that, for institutions, social organizations can be a guarantor of legal persons to distinguish between two different situations: (1) to the public welfare for the purpose of institutions and social organizations. For example, schools, kindergartens, hospitals, etc. shall not act as a guarantor. These institutions are set up for the purpose of public welfare services, public welfare and non-profit, so these institutions should not go against the purpose of its establishment, involved in economic activities for others to guarantee the debt
Those who receive the "enterprise legal person business license", "business license" or national policy allows the business activities of institutions or other organizations. This type of organization is not established for the purpose of public welfare, many institutions and social groups also carry out some business activities, also has its own economic income. There are also a number of institutions that have realized entrepreneurial management and are self-financing. They have the civil rights and behavioral capacity to engage in guarantee activities and can act as guarantors. Therefore, engaged in business activities of institutions, social organizations for the guarantor, such as no other circumstances that lead to the invalidity of the guarantee contract, the guarantee contract shall be considered valid.
2, analyze the guarantor's ability to repay
Guarantor as a second source of repayment, with the ability to repay is the most basic requirements, credit institutions to investigate and understand the guarantor's assets, liabilities, income and expenses, etc., to analyze whether the guarantor's assets are easy to liquidate. The assessment method of the guarantor is the same as that of the borrower. Changes in the guarantor's financial position, such as cash flow, contingent liabilities, credit rating, etc., have a direct impact on its guarantee capacity.
3, to understand the credibility of the guarantor
Guarantee guarantee is also known as credit guarantee, the guarantor to their own credibility and the name of the property for others to provide security for the debt, the guarantor due to repayment depends mainly on its willingness to pay for the ability to pay for the two elements. In addition to examining the guarantor's ability to pay for the debt, credit institutions should also investigate and understand the credibility of the guarantor. Credit institutions can investigate and understand the credibility of the guarantor through exchanges and external visits.
4, comprehensive analysis of the guarantor of the borrower's "constraints" ability
Setting up the guarantor can improve the borrower's default costs, when the borrower is unable to repay the loan on time, the guarantor as a second source of repayment for the repayment of the principal and interest on behalf of the borrower, the reason why the guarantor is willing to provide guarantees for the borrower, and its often The reason why the guarantor is willing to provide guarantees for the borrower, it is often "relationship" with the borrower, in addition to commercial guarantee companies, the borrower's guarantor is mainly its friends and relatives, upstream and downstream customers, other social relations and other stakeholders. Through these "relationships" can form a constraint on the borrower, effectively improving the borrower's willingness to repay.
Credit institutions in the assessment of the guarantee guarantee, pay attention to understand the relationship between the guarantor and the borrower, to find out the guarantor for the borrower to provide security for the reasons, from the practice, the guarantor of the relationship between the borrower is divided into the following categories: purely commercial (the guarantee company and the borrower), associated companies, enterprises, mutual guarantee, upstream and downstream customers, family and friends, and so on.
5, to pay attention to the guarantee guarantee
Guarantee is divided into general guarantee and joint and several liability guarantee two ways. Guarantee law, article 17 of the general guarantee made a clear agreement, general guarantee is the parties in the guarantee contract, the debtor can not fulfill the debt, the guarantor assumes the responsibility for the guarantee, for the general guarantee. General guarantor enjoys the right of defense, the so-called right of defense, refers to the general guarantee of the guarantor in the main contract without trial or arbitration, and the debtor's property according to law enforcement still can not fulfill the debt before the creditor can refuse to assume the responsibility of guarantee. The debtor of the joint liability guarantee in the main contract of the debt is not fulfilled at the expiration of the debt performance period, the creditor may require the debtor to fulfill the debt, can also require the guarantor within the scope of its guarantee responsibility.
For credit institutions, the choice of joint and several guarantee guarantee is more favorable to credit institutions.
Fourth, collateralized security assessment points
(a) how to understand collateral?
Mortgage refers to the debtor or third party does not transfer the possession of the mortgaged property and the property as a form of legal security. The debtor or a third party to provide security for the property is the mortgagor, and the right enjoyed by the mortgagor, the creditor, is the mortgage. Mortgage is to ensure the performance of the debt, the debtor or the third party does not transfer the possession of the property, the property will be mortgaged to the creditor, the debtor does not perform the due debt or the occurrence of the parties to the realization of the mortgage, the creditor has the right to the right of priority compensation for the property. From this it can be seen that the mortgage is a right of first refusal, is the mortgagee directly to the right of the object, can be against the owner of the object or a third person.
(ii) What are the common mortgages?
According to the provisions of Article 280 of China's Property Law, property that can be mortgaged include:
(1) buildings and other land attachments;
(2) the right to use the land for construction;
(3) the right to contract for the operation of land such as barren land, which is obtained by bidding, auction, public negotiation, etc.;
(4) production equipment, raw materials, semi-finished products, and products;
(5) buildings, ships, and aircraft under construction;
(6) means of transportation;
(7) other property not prohibited from being mortgaged by laws and administrative regulations.
According to Article 65 of the Implementing Rules of the Provisional Regulations on Real Estate Registration, those who pledge mortgages on the following properties may apply for registration of real estate mortgages:
(1) the right to use land for construction;
(2) buildings and other land attachments;
(3) the right to use the sea;
(4) barren land acquired by bidding, auctioning (iv) land contract management rights, such as wasteland, acquired by way of bidding, auction, or public negotiation;
(v) buildings under construction;
(vi) other immovable properties not prohibited from being mortgaged by laws and administrative regulations.
If the mortgage is made on the right to use land for construction or the right to use sea area, the buildings and structures on the land and sea area shall be mortgaged together; if the mortgage is made on the buildings and structures, the right to use land for construction or the right to use sea area within the occupied area of the buildings and structures shall be mortgaged together.
Article 184 of the Property Law stipulates that the following properties may not be mortgaged:
(1) land ownership;
(2) collectively owned land use rights such as arable land, residential land, self-reserved land, and self-reserved mountains, except for those that may be mortgaged as provided by law;
(3) educational facilities, medical and health facilities of schools, kindergartens, hospitals and other public welfare organizations, and social organizations. organizations' educational facilities, medical and health facilities and other facilities for public welfare;
(4) property whose ownership or right of use is unknown or disputed;
(5) property that has been seized, detained or supervised in accordance with the law;
(6) other property that may not be mortgaged as stipulated by laws and administrative regulations.
(C) the analysis and assessment of mortgage security
1, the collateral must be in accordance with laws and regulations allow the sale and purchase, mortgage. That is, the collateral must belong to the Guarantee Law and related laws clearly stipulated in the property can be mortgaged. There are three ways to realize the mortgage, discount, auction and sale, no matter which way, the ownership of the collateral will be changed, the mortgage to be realized, the collateral must be exchanged, therefore, the collateral must be in accordance with the laws and regulations allow the sale and purchase and mortgage.
2, the collateral must be a specific property, in the creation of the mortgage, to check the registration certificate of the mortgaged property, to pay attention to the nature of the collateral, the location, the acquisition of the lawfulness of the property, whether the property right is clear, whether it exists and other matters.
3. Analyze whether the valuation of the collateral is appropriate and whether the mortgage rate is set reasonably. The appraisal value of the collateral is a very core issue, and the credit institution should adopt an appropriate way of valuing the collateral, as well as setting an appropriate mortgage rate.
4. To analyze whether the price of the collateral property is stable. Good collateral has a relatively stable market value and is not prone to depreciation.
5, to analyze whether the collateral property is easy to auction and realize. Because the collateral is a supplement to the first source of repayment, so when the borrower's first source of repayment is insufficient to repay the principal and interest of the loan, ultimately only through the disposal of collateral to repay the principal and interest of the loan. Whether it is easy to realize is a very important factor.
6, whether the mortgage registration
The registration of the mortgage of the effectiveness of the claim, there are two kinds of registration of the elements of the doctrine and registration against the doctrine. Registration is the establishment of the mortgage in addition to the existence of the mortgage contract between the parties, but also must be registered, otherwise not the effect of the establishment of the mortgage; registration against the establishment of the mortgage is only in the parties to reach a mortgage agreement. But the third party does not produce credibility, if you want to fight against bona fide third party, you can register the mortgage. Our country has adopted the registration of the main elements of the doctrine, to the registration of the principle of confrontation.
According to article 187 of the property law, the parties to the buildings and other land attachments, the right to use the land for construction, the building under construction, as well as by bidding, auction, public negotiation and other means of acquiring the right to land contracted management, shall apply for the registration of the mortgage, the mortgage shall be established from the time of registration, the mortgage is not registered, the mortgage does not come into effect.
Based on the provisions of Article 188 of the Property Law and Article 43 of the Guarantee Law, the parties to the law mandatory registration of property other than the mortgage, you can register the collateral, you can not register the collateral, whether or not to register the mortgage, the parties to decide voluntarily, the registration of the collateral with or without the mortgage does not affect the establishment of the right of the mortgage, the mortgage contract takes effect from the date of its establishment, the right of the mortgage from the date of its establishment. The mortgage right is established from the effective date of the mortgage contract. However, without mortgage registration of the effectiveness of this mortgage, only exists in the mortgage contract between the parties to each other, does not produce credibility, can not be against the bona fide third party.
No matter what the collateral, it is recommended to go for mortgage registration, obtain a mortgage and obtain the effect against third parties.
Five, pledge security analysis points
Pledge is divided into movable assets and rights pledge. Chattel pledge refers to the debtor or a third party will transfer its movable assets to the creditor in possession, the movable assets as a guarantee of the claim, the debtor does not perform the debt or the occurrence of the realization of the security right of the situation, the creditor has the right to the movable assets of the priority of payment. The debtor or a third party is the grantor, the creditor is the pledgee and the transferred movable asset is the pledge. The rights arising from the legal relationship of the pledge of movable assets are the pledge. Pledge of rights is a kind of security method to guarantee the realization of claims by taking the alienable property right other than the ownership right as the subject of the pledge. Pledge can be divided into two categories of pledge of movable property and rights:
(a) movable property pledge
movable property pledge refers to the debtor or a third party will be transferred to the creditor's possession of the movable property as a security for the claim, the debtor fails to perform the debt or the occurrence of the parties to the realization of the security right, the creditor has the right to the movable property priority compensation. The debtor or a third party is the grantor, the creditor is the pledgee and the transferred movable asset is the pledge. The rights arising from the legal relationship of the pledge of movable assets is the pledge.
(B) the rights of the pledge
rights of the pledge is the ownership of property rights other than alienable as the subject of the pledge, in order to ensure the realization of the claim of a form of security. The debtor or the third party has the right to dispose of the following rights can be pledged:
1. bills of exchange, checks, promissory notes;
2. bonds, certificates of deposit;
3. warehouse receipts, bills of lading;
4. transferable shares of the fund, equity shares;
5. transferable registered trademarks, patents, copyrights and other intellectual property rights in the property rights;
5. the right of the owner of the property rights;
7. Property rights;
6. Accounts receivable;
7. Other property rights that can be pledged in accordance with laws and administrative regulations.
Three, the basic financial knowledge of what
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