Chapter I General Provisions
Article 1 These Provisions are formulated in order to ensure the standardization, institutionalization and proceduralization of guarantee business, and to prevent and control guarantee risks.
Article 2 Guarantee business shall abide by national laws and regulations and follow the principles of voluntariness, fairness, honesty and credit, and reasonable risk sharing.
Chapter II Guarantee Business Process
Article 3: The guarantee business process is as follows:
(1) enterprise application
(2) Accepting the guarantee
(3) Preliminary review of the project
(4) Project review
(5) Signing a contract
(6) mortgage registration
(7) Guarantee fee
(8) granting loans
(9) Post-insurance management
(10) compensation and restoration
(1 1) guarantee intermediary
Detailed list of guarantee business process: enterprises apply to declare credit guarantee projects; Enterprises provide guarantee application materials; Guarantee acceptance "guarantee project acceptance registration form"; The first investigator and the second investigator are determined during the preliminary examination of the project; The basic contents of the project preliminary examination, field investigation and guarantee investigation report; Guarantee project processing table; Review by the project review department; Review the application for insurance, and review the guaranteed items; Reconsider the project review and sign the contract; Letter of guarantee consent; Prepare blank contract text (loan contract, guarantee contract, counter-guarantee contract) and review the contract audit form (guarantee department, general department, lawyer, general manager); The Contract Registration Form for formally signing the contract; Guarantee fee subscription form mortgage registration preparation mortgage (pledge) registration materials: main contract, guarantee contract, counter-guarantee contract and other materials; Proof of his right or mortgage (pledge) registration form (signed by the registration authority), and a copy of the loan receipt of the loan guarantee business contact form; Guarantee fee; Daily inspection of post-warranty management, focusing on: warranty project checklist, post-warranty inspection report, letter of guarantee expiration date and warranty project extension (overdue) report; Business file management; Compensation and restoration plan; Institute legal proceedings; A copy of the repayment receipt at the end of the guarantee; Cancellation of mortgage (pledge) registration; Return to reduction mortgage and escrow; Confirmation of exemption from guarantee liability
Chapter III Guarantee Application and Acceptance
Article 4 When applying for a guarantee, an enterprise shall fill in a credit guarantee statement and provide the following materials at the same time, and be responsible for the authenticity of the materials provided.
(1) The materials that the borrower (guarantee applicant) should provide.
1. Business license of enterprise legal person (annual inspection) and enterprise code certificate
2. Certificate of legal representative
3. Power of attorney of the legal representative
4. Identity cards of legal representatives and entrusted agents
5. Capital verification report of registered capital
6. Credit cards and credit card receipts
7. Credit certificate
8. Articles of Association and Company Contract
9. Loan application
10. resolution of the board of directors on applying for loans and guarantees
1 1. Financial statements for the current period, financial statements for the last three years and audit reports issued by legal institutions, mainly including: balance sheet, income statement, cash flow statement, etc.
12. Information related to the purpose of the loan: purchase and sale agreement, cooperation agreement, etc.
13. Project feasibility report and approval from competent department
14. Production and Operation Table
15. Other relevant materials
(2) materials that should be provided by the third party for counter-guarantee.
1. Business license of enterprise legal person (annual inspection) and enterprise code certificate
2. Certificate of legal representative
3. Power of attorney of the legal representative
4. Identity cards of legal representatives and entrusted agents
5. Capital verification report of registered capital
6. Credit cards and credit card receipts
7. Credit certificate
8. Articles of Association and Company Contract
9. The current financial statements, the financial statements of the last three years and the audit reports issued by legal institutions mainly include: balance sheet, income statement, cash flow statement, etc.
10. Main inventory list, long-term investment, fixed assets, bank loans, accounts receivable aging analysis table and contingent liabilities table.
1 1. Other relevant materials.
(3) Counter-guarantee means the materials that should be provided for mortgage or pledge.
1. List of collateral and pledge
2. Mortgage and pledge right certificate
3 collateral, pledge evaluation data
4. Insurance policy
5. Resolution of the Board of Directors agreeing to mortgage and pledge
6. If the collateral and pledge are owned by * * *, provide a statement that the owner of * * * agrees to mortgage.
7. If the mortgaged property or pledge is under the supervision of the customs, provide a statement that the customs agrees to mortgage or pledge.
8. If the collateral is a public enterprise, provide proof that the competent department and the state-owned assets management department agree to mortgage or pledge.
9. Other relevant materials
(4) Precautions
1. In addition to providing a copy of the materials, the original should also be provided for inspection.
2. A copy of the materials provided shall be stamped with the official seal.
3. The power of attorney of the legal representative shall be signed by the legal representative himself.
4. The company recipient can delete, select and add according to the actual situation of the guaranteed projects and enterprises.
Article 5: The customer service staff on duty in the company's guarantee department is responsible for accepting the project, verifying the completeness and authenticity of the materials submitted by customers, listening to the acceptance conditions and putting forward acceptance opinions. For the formal acceptance meeting the guarantee conditions, the customer files and file numbers shall be established, and the Registration Form for Acceptance of Guaranteed Projects, Information List of Guarantor Applicants, Information List of Counter-Guarantor and the information provided according to the information list shall be taken as attachments to the credit guarantee declaration, which shall be filed after being reviewed and signed by the company's guarantee recipients and project leaders.
Article 6: Conditions for Accepting the Guarantee
(1) Having the qualification of an enterprise legal person and having passed the annual inspection.
(2) Operating in accordance with the law, and its business scope is in line with national policies.
(three) basically have the ability to repay the loan, and can provide counter guarantee measures.
(4) The amount of guarantee for a single enterprise shall not exceed 65,438+00% of the paid-in capital of the Company.
(5) The amount of guarantee applied for shall not exceed 70% of the effective net assets of the enterprise.
(6) The asset-liability ratio of the enterprise shall not exceed 70%.
Chapter IV Preliminary Examination and Field Investigation of Guaranteed Projects
Article 7: The Guarantee Department of the Company shall determine the first investigator and the second investigator according to the actual situation of personnel and business volume. The first investigator is the person in charge of the project and undertakes the main investigation responsibility, and the second investigator assists.
Article 8: The preliminary examination of the project is mainly to obtain the true and comprehensive information of the guaranteed project, the project undertaking enterprise and the counter-guarantor through data review and field investigation, and form the final comprehensive evaluation and conclusion through comprehensive analysis, comparison and evaluation, that is, the guarantee investigation report.
Article 9 Data review is the initial stage of project preliminary review, which is to collect, sort out and review the data and information provided by the enterprise applying for guarantee, so as to ensure the validity, integrity and authenticity of these information. Information comes not only from enterprises, but also from other channels, such as management departments, financial departments, finance and taxation departments, suppliers and users related to enterprises and projects. The above information needs to be further clarified and supplemented in the process of data review, and the verification, loopholes and doubts found are the focus of the next field investigation.
Article 10: Key Points of Data Auditing
(1) Whether the materials provided according to the requirements of the list are complete and effective, whether the required originals are originals, whether the photocopies are consistent with the originals, and whether the photocopies are stamped with official seals. Whether all kinds of certificates are within the validity period and whether the annual inspection procedures are handled.
(2) The relevant contents of relevant documents should be checked and consistent, and the logical relationship is correct. By examining the approval contract for enterprise establishment, articles of association, resolutions of the board of directors, capital verification report, project approval, feasibility study, credit rating, environmental protection, market access and other specific documents, we can know whether the borrower (guarantee applicant) and counter-guarantor are qualified, legal and compliant.
(3) Whether the financial statements have been audited by an accounting firm, whether they are unqualified reports, make a preliminary analysis of the financial situation, and record doubts for on-site investigation and verification.
(4) The review of the documents and materials provided by the counter guarantor is basically the same as the above three items. The key point is to check whether the counter-guarantee measures provided by the counter-guarantor comply with the provisions of the Guarantee Law and relevant laws and regulations (such as real estate, land and maritime business) and the Measures for the Administration of Mortgage Registration, and whether the ownership (certificate of rights) of the collateral is clear.
Article 11: During the preliminary examination of the project, the department heads, project leaders and co-sponsors (at least two) shall make field visits to the borrower, counter-guarantor and relevant departments. Before on-the-spot investigation, it is necessary to list the outline of the investigation, define the objectives of the investigation, and ensure the quality and efficiency of the investigation.
Article 12: Key Points of Field Investigation
(1) Visit the enterprise, meet with relevant parties, learn about the background, market competition scope, sales and profit, resource supply of the enterprise and project, understand the loan content and repayment source, and inspect the overall quality of the enterprise management team (education level, main experience, technical expertise, business decision-making, market development, law-abiding, etc.). ), and understand the credit status and ability of the main leaders.
(two) for the materials that need further verification, the enterprise is required to provide the original verification.
(three) to inspect the main production and operation sites, to judge the actual production and operation of the enterprise by walking, watching and asking, and to confirm the relevant information records and the information introduced by the relevant parties.
(four) the investigation and audit of financial statements should be based on the actual situation of enterprises, mainly to investigate and verify the following contents:
1. Understand the main accounting policies of enterprises and whether accounting is based on accounting standards.
2. Whether the financial content control system of the enterprise is complete and effectively implemented.
3. Take the method of spot-checking major projects, check whether the enterprise is consistent with the account table, account reality, account certificate and account reality, and verify whether the assets, liabilities and rights and interests are false.
4. The reserved part of the audit report with reservations
5. Contingent losses and contingent liabilities of the enterprise.
(five) check the collateral and pledge. If the real estate is mortgaged, it is necessary to check and understand the area and purpose of the collateral, and the specifications, models, quality, original price, net value and purpose of the collateral and pledge. Pledged by bills of exchange, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading. , to check the original certificate of rights, to identify the authenticity, if necessary, please identify the relevant departments.
Thirteenth comprehensive analysis refers to the comprehensive judgment, analysis, comparison and evaluation of the obtained information on the basis of verifying data and field investigation, which mainly includes the following aspects:
(a) the analysis and judgment of the borrower (guarantee applicant) subject qualification, willingness to pay off debts and whether the contract terms can be strictly fulfilled.
(2) The analysis of the impact of economic environment on the guaranteed projects and project undertaking enterprises mainly includes: the position of project products in the industry, the economic life of products, the advanced degree of technology and technology, the market structure and market competitiveness, the degree of market risk and the government management system.
(3) Analyze the borrower's repayment ability, grasp the borrower's financial status and repayment ability through financial analysis and cash flow analysis, and predict the borrower's future development trend. The main contents of financial analysis:
1. Solvency (financial leverage ratio, current ratio)
2. Profitability (profitability)
3. Operational capacity (efficiency ratio)
4. Asset quality
5. Capital structure
6. Forecast the development trend in recent three years. Cash flow analysis is to predict whether enough cash flow can be generated to repay bank loans in the future repayment period.
(4) Fan counter-guarantor's guarantee qualification and ability. Focus on the analysis of the operability of the guarantee method, whether the collateral is legal and compliant, the expected realization difficulty related to the liquidity of the collateral, the stability and predictability of transaction costs and prices.
(5) Basic limit analysis
Article 14 After the preliminary examination of a project is completed, the person in charge of the project shall submit a guarantee investigation report to the review meeting, the main contents of which are as follows:
(1) background of the borrower
(II) Basic information of the project
(3) Market forecast and sales analysis
(4) Financial status and solvency
(five) the purpose of the loan and the source of repayment funds.
(VI) Counter-guarantee situation
(7) Transactions with banks and contingent liabilities.
(8) Comprehensive analysis of the project risk degree.
(nine) other circumstances that need to be explained.
(10) investigation conclusion
Article 15 In the process of preliminary examination of a project, if it is found that the enterprise has a bad credit record, issues false information, violates laws and regulations, or the enterprise voluntarily requests to withdraw the guarantee application, so that the preliminary examination cannot be carried out, the project leader shall explain the reasons in the guarantee investigation report and put forward handling opinions. Fill in the guarantee project treatment form, and report it to the company's person in charge for approval after being signed by the department head, and the project head will inform the enterprise of the treatment result. Due to the incomplete provision of enterprise materials or the enterprise's request to suspend the preliminary examination of the project, it should also be handled according to the above procedures.
Article 16: The formal acceptance of the preliminary examination of a project shall generally be completed within 5 working days. If it takes more than 5 working days, the project leader should explain the reasons to the department head, who will report to the general manager.
Chapter V Evaluation and Decision-making of Guaranteed Projects
Article 17: The review (detailed review) of guarantee projects includes two links: departmental review and meeting review.
Article 18: After the preliminary examination of the project is completed, the person in charge of the project will submit all the materials submitted by the enterprise and the guarantee investigation report to the guarantee department, and the person in charge of the guarantee department will organize personnel to review the above materials. The focus of the department review is the project information and the guarantee investigation report. The main contents of the department audit are:
(a) the authenticity, completeness and correctness of the project information
(two) put forward opinions on counter-guarantee measures.
(3) Examining the materials submitted by enterprises from a legal perspective.
(4) Assess the risk degree of the project.
(five) to evaluate the financial situation of the enterprise. Review opinions and conclusions: fill in one to eight items of the guarantee project review. The department review should generally be completed within 3 working days.
Nineteenth after the completion of the department review, the review of the guarantee project shall be submitted to the meeting for consideration together with other materials.
Article 20 The organization for meeting review is the Project Review Committee of the Company, which is composed of the general manager of the Company and the heads of various departments, with the general manager as the chairman and the Guarantee Business Department as the review committee to review the participants in the meeting:
(1) All members of the jury
(two) the project leader and co organizer
(three) the jury thinks it is necessary to participate in the personnel.
Article 21: Working Procedures for Meeting Deliberations
(a) the jury at least 2 days before the meeting, the meeting content (in the form of documents and computers) to inform the members attending the meeting.
(2) The meeting shall be convened by the chairman of the jury, and the participants must attend the meeting on time. If you can't attend due to special circumstances, you must ask for leave from the chairman of the jury in advance. If the number of participants does not reach half of the required number, the meeting will be arranged separately.
(three) the person in charge of the project reports the project investigation and preliminary examination opinions, and the co-organizers make supplementary explanations.
(four) the person in charge of the department report department audit opinion.
(five) the jury and the participating committees ask questions, and the person in charge and the co-organizer answer questions.
(VI) Participants made a comprehensive analysis of the project from the aspects of legality, safety and efficiency, and put forward specific evaluation opinions.
(seven) the director of the review committee put forward the summary review opinions after synthesizing the opinions of most participants.
(eight) the meeting adopted the signature voting system. Participants in the meeting review must clearly fill in "Agree" or "Disagree" in Item 9 of the Guarantee Project Review and sign it. They shall not abstain. More than two-thirds of the reviewers agreed that the project was approved.
(9) According to the division of the company's decision-making authority, it shall be reported to the company's decision-making body (decision-maker) for approval, and the approval opinions are listed in item 10 of the guarantee project review.
Article 22: The authority to examine and approve the guarantee (including examining and approving the amount of the guarantee, extending the guarantee, overdue guarantee and canceling the guarantee).
(1) The board of directors authorizes the general manager to examine and approve the amount of guarantee below 654.38 million yuan (inclusive).
(2) If the amount of guarantee is more than 6,543,800 yuan, it must be approved by the board of directors.
Twenty-third decision-making bodies (decision-makers) can only make a decision of "not agreeing to guarantee" or "making reconsideration" for projects that have been rejected by departments and meetings, but can not make a decision of "agreeing to guarantee".
Article 24 The meeting shall be recorded by a special person designated by the jury, including the time and place of the meeting, the attendees, the opinions of the attendees on the project and the final comprehensive opinions. The documents and materials formed at the meeting shall be filed for preservation.
Article 25: The project shall be reconsidered in the following cases.
(1) The company's review committee vetoed (more than one third of the reviewers disagreed), but the decision-making body (decision-maker) decided to reconsider the project.
(two) the majority of the judges questioned, the chairman of the Committee that it is necessary to further investigate the project.
(3) For a project that goes through the formalities three months after the company approves the guarantee, the reconsideration is limited to one time. For reconsidered projects, if necessary, the first researcher can be determined again.
Chapter VI Signing of Guarantee Contract
Article 26: After the project is formally approved, the guarantee department will send a letter to inform the project undertaking enterprise to handle the guarantee procedures, including the following contents: the company's decision to agree to the guarantee, the amount and method of payment, the materials to be prepared for handling the guarantee procedures and other preparatory work. Before sending the letter, the project leader should confirm the loan commitment of the loan bank.
Article 27 The Guarantee Department shall arrange a special person to handle the signing formalities of the guarantee contract. In general, the project leader is the contract manager, and the signing procedure is as follows:
(1) Prepare (or draft) blank legal contract texts, including loan contracts, guarantee contracts, counter-guarantee contracts and other legal documents that need to be prepared.
(2) The Guarantee Department, the General Department and the legal adviser shall review the above-mentioned contract text, negotiate and negotiate with the other party on the terms of the contract that need to be adjusted and revised in time, fill in the modification opinions in the Contract Review Form, and submit them to the General Manager for approval.
(III) Matters needing attention when the company manager registers the contract registration form in the manager's office, determines the contract number issued by the company, fills in the contract content and signs it:
(1) The "other agreements" in the Guarantee Contract signed with the Lender shall indicate that "after the Guarantor and the Borrower complete the mortgage registration procedures, the Guarantor shall notify the Lender in writing, and the Lender shall not lend money to the Borrower until it receives the written notice from the Guarantor".
(2) The general mortgage and pledge period of the counter-guarantee mortgage contract signed with the mortgagor (pledger) should be longer than the loan period of 6 months, and the insurance period should be longer than the loan period of 3 months. The total insured value shall not be lower than the total value of collateral and pledge. The insurance policy shall indicate that the company is the first beneficiary of insurance compensation, and the original insurance policy shall be deposited with the company.
(4) Re-examine the completed contract text in the same way as item (2) of this article.
(5) When the signatures and seals of shareholders' representatives, legal representatives, board members, * * owners and counter-guarantors (natural persons) are involved, they must be signed and sealed by the parties themselves, and at least two people of the Company are present.
(6) The enterprise shall sign the Guarantee Fee Subscription Sheet in duplicate, one of which shall be submitted to the company's finance department.
(7) Seal of legal representative and company.
Article 28 After signing the contract, the project data shall be handed over to the archivist of the Guarantee Department for unified management, and important contracts and vouchers, including loan contracts, guarantee contracts and counter-guarantee contracts, shall be managed separately.
Chapter VII Counter-guarantee Measures
Twenty-ninth enterprises that have been approved to guarantee must implement counter-guarantee measures, including property mortgage, property or power pledge, deposit, enterprise guarantee and counter-guarantee. According to the actual situation of the enterprise and the project, the company takes one or more IOUs. In principle, the company does not accept guarantees and counter-guarantees.
Thirtieth enterprises to provide collateral (pledge) range in accordance with the provisions of the "Security Law", and in accordance with the relevant provisions of the mortgage (pledge) registration procedures.
Thirty-first the person in charge of the project shall prepare the registration materials for mortgage (pledge) and go through the registration procedures for mortgage (pledge). Mortgage (pledge) registration materials include: main contract, guarantee contract, mortgage (pledge) contract and other materials required by the mortgage (pledge) registration department. After completing the mortgage (pledge) registration formalities, you should obtain the certificate of other rights issued by the mortgage (pledge) registration department or the mortgage (pledge) registration form signed by the mortgage (pledge) registration department.
Thirty-second real estate mortgage, mortgage rate (calculated by net value) shall not be higher than 70%; The chattel mortgage rate (calculated by net value) is not higher than 50%; The pledge rate of movable property (calculated by net value) is not higher than 50%; Equity, bonds and other rights are pledged, and the pledge rate (calculated by investment amount and face value of bonds respectively) is not higher than 70%.
Article 33 An enterprise that takes counter-guarantee measures must meet the following conditions:
(a) must have the "guarantee law" provisions of the guarantee qualification.
(2) The asset-liability ratio shall not exceed 70%.
(3) Making profits for two consecutive years.
(4) The credit standing and economic strength of the enterprise are superior to that of the borrowing enterprise.
(5) The enterprise must participate in insurance during the underwriting period.
Article 34 After the mortgage (pledge) registration formalities are completed, the manager shall fill in the Contact Form for Guaranteed Loan in duplicate, indicating that "the mortgage (pledge) registration formalities have been completed with the borrower, and the loan bank is requested to lend money to the borrower after seeing this notice", and submit it to the loan bank after being signed by the general manager. Bank managers can borrow money from enterprises and urge them to pay guarantee fees. The manager will file the copy of the secured loan business contact form (sealed by the bank manager) and the bank loan receipt.
Chapter VIII Guaranteed Charge
Thirty-fifth guarantee fees shall be implemented in accordance with the standards prescribed by the state, and preferential rates shall be determined according to the specific circumstances.
Article 36: The company's guarantee rate (annual interest rate) is divided into three grades according to the guarantee amount: the guarantee amount is below 5 million yuan (including 5 million yuan), and the guarantee rate is 2%; The guarantee rate is1.5% for the part with a guarantee amount of more than 5 million yuan and less than100000 yuan (including100000 yuan); The guarantee amount is more than 6,543,800,000 yuan, and the guarantee rate is 654.38+0%; If the guarantee fee charged at the above rate is less than 2000 yuan, it will be charged at no less than 2000 yuan.
Article 37 The guarantee fee shall, in principle, be collected in one lump sum on the effective date of the loan contract. If the guarantee amount exceeds 6,543,800,000 yuan and the guarantee time exceeds two years, it can be collected annually. If the payment is overdue, a late payment fee of 0.5 ‰ will be charged every day.
Article 38 When signing the Subscription for Guarantee Fee, an enterprise shall confirm the guarantee rate and the amount of guarantee fee. The guarantee fee is calculated and collected by the guarantee department, and the company's finance department is responsible for verifying the payment. After the financial department of the company receives the payment and signs the subscription form of guarantee fee, it will be returned to the guarantee department for filing. On the day when the guarantee fee is payable, the relevant personnel of the guarantee department and the company's finance department fill in the Confirmation Sheet of Guarantee Fee Collection, and report it to the general manager for approval after confirmation.
Chapter IX Management of Guarantee Projects
Article 39 Post-guarantee project management (post-guarantee management) refers to the process management from the loan bank to the end of guarantee, including the inspection of guaranteed projects, the handling of deferred projects, overdue projects and cancelled projects.
Article 40: The Guarantee Department is responsible for inspecting the guaranteed items. Before inspection, an inspection plan shall be made and submitted to the General Manager for approval. Inspection after warranty period is divided into daily inspection and key inspection. Daily inspection is to determine the inspection frequency according to the actual situation of the enterprise, such as the amount of guarantee, guarantee period, counter-guarantee measures, risk level, etc. Daily inspection should be conducted at least once a quarter. The key inspection is to conduct irregular inspection or follow-up on projects with closed loan management, high-risk projects and other projects that need special attention. After the inspection, the inspectors shall fill in the Checklist of Guaranteed Items, attach the inspection report and complete information provided by the enterprise and relevant departments, and submit them to the General Manager for signing and filing together with relevant information.
Article 4 1: Contents of inspection after warranty period
(a) whether the enterprise pays interest according to the loan contract.
(2) The production, operation and financial status of the debtor
(3) Whether there are new unfavorable factors in the counter-guarantee measures.
(4) Risk measurement and summary (five-level loan classification)
(five) other circumstances that need to be explained.
Forty-second inspectors found that there are major problems in the enterprise, they should report to the head of the department orally on the same day. The department should report the existing problems and handling opinions to the general manager in writing within 2 days. The person in charge of the department shall immediately report the major problems found to the general manager, and the general manager may convene relevant personnel to hold a special discussion when necessary, and put forward corresponding countermeasures and measures.
Article 43: For all guaranteed projects, 30 days before the expiration of the guarantee period, the guarantee department shall fill in the Guarantee Expiration Letter and notify the project undertaking enterprise.
Article 44: Before the end of the first month, the Guarantee Department shall submit the statistics table of overdue projects and the list of guaranteed projects for that month to the General Manager.
Article 45 The enterprise shall submit a written application for extension to our company 20 days before the expiration of the guaranteed project. The Guarantee Department is responsible for investigating the reasons for the extension of the guarantee, putting forward handling opinions, filling in the Report Form for Extension (Overdue) of the Guarantee Project and submitting it to the General Manager for approval. The guarantee of postponed projects shall be handled in accordance with the new project guarantee procedures.
Article 46 For overdue guarantee projects, the guarantee department shall write an inspection report, put forward handling opinions, fill in the delayed (overdue) report form of guarantee projects, and submit it to the general manager for approval. Opinions on handling overdue guarantee projects include:
(A) the adoption of more reliable counter-guarantee measures
(2) It is suggested to cancel the guarantee. Overdue guarantee projects shall be handled according to the examination and approval authority of the meeting.
Article 47 A company shall voluntarily surrender its insurance under any of the following circumstances:
(1) The secured loan is not used according to the declared purpose of the guarantee.
(two) the project undertaking enterprise provides false information or practices fraud.
(3) The company believes that there are major business mistakes or major potential risks in the market and financial situation of the project undertaking enterprise.
Article 48: The Guarantee Department shall write an inspection report, put forward handling opinions, fill in the Handling Form for Guaranteed Items (Surrender) and submit it to the General Manager for approval. The cancellation of the project shall be handled according to the examination and approval authority of the meeting.
Article 49: The completed guarantee project shall go through the formalities of project termination in time. After the secured loan expires, the guarantee department is responsible for verifying that the principal and interest of the loan have been returned, keeping a copy of the loan recovery certificate, handling the cancellation of mortgage registration, returning the original materials of mortgage and custody to the enterprise, filling out the Confirmation Letter of Exemption from Guarantee Responsibility and reporting it to the general manager for approval. The guarantee department shall hand over the files managed by this department to the file management department of the company.
Fiftieth in the process of handling the guarantee business, the person in charge of the project should input the completed contents into the microcomputer in time according to the business progress, including the dynamic table of guarantee business and the checklist of guarantee projects.
Chapter X Recovery of Debt
Article 51 If the principal debtor fails to perform the debt, our company will recover the debt according to law and bring a lawsuit after paying off.
Article 52 The compensation and recovery plan shall be formulated by the Guarantee Department and submitted to the General Manager for approval, and the project leader shall be the specific manager. If the principal debtor signs a mortgage or pledge contract with the Company, the mortgaged or pledged property may be discounted or auctioned. If the value after the sale is used to pay off debts, if a counter-guarantor is established, it shall recover from the counter-guarantor according to law. If the counter-guarantor refuses to pay off, he shall bring a lawsuit against the principal debtor and the counter-guarantor according to law.
Chapter II Responsibility and Punishment of XI
Article 53 The project leader, department auditor and meeting auditor shall bear corresponding responsibilities in accordance with the relevant regulations of the company.
Article 54 If the company suffers losses due to specific reasons, the relevant personnel shall be investigated for their responsibilities and punished according to the relevant regulations of the company.
Chapter XII Archives Management
Article 55 The part-time archivist of the Guarantee Department is responsible for sorting, filing and keeping the relevant documents and materials from the acceptance of guarantee business to the completion of debt recovery.
Article 56 All relevant documents and materials in the process of guarantee business belong to the filing scope. Archived documents should be arranged in a sequential system, and the first page of the volume should have a list of materials. When transferring documents between internal personnel and departments, if you need to borrow documents, you should fill in the Document Borrowing Registration Form.
Transfer records and fill in the document transfer registration form.
Article 57 After the guarantee project is terminated, the guarantee department shall hand over the archives to the archives management department of the company.