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一、办理保证贷款及应注意的问题保证贷款,系指按《中华人民共和国担保法》规定的保证方式以第三人承诺在借款人不能偿还贷款时,按约定承担一般保证责任或者连带责任而发放的贷款。银行在办理贷款保证业务中应注意以下问题:(一)银行(债权人)与担保单位(保证人)应当以书面形式订立保证合同。《担保法》第13条明确规定:“保证人与债权人应当以书面形式订立保证合同。”因此,银行在办理保证贷款业务过程中应以借款人提供的保证人(担保单位)签订保证合同。保证合同应当包括以下内容:1.被保证的主债权种类、数额;2.债务人履行债务的期限;3.保证的方
First, the guarantee loans and issues should be noted Guaranteed loans, refers to the “People’s Republic of China Guarantee Law” provided by the third party promises a guarantee that the borrower can not repay the loan, according to the agreement to assume general liability or joint and several liability Loans issued. The bank should pay attention to the following issues in its loan guarantee business: (1) The bank (creditor) and the guarantee unit (guarantor) should conclude a guarantee contract in writing. Article 13 of the Guarantee Law stipulates that: “The guarantor and the creditor should conclude a contract of guarantee in writing.” Therefore, the bank should sign the guaranty contract with the guarantor (guarantor) provided by the borrower in the course of handling the loan guarantee business. The guarantee contract shall include the following contents: 1. The type and amount of the principal claim to be guaranteed; 2. The term of the debtor’s performance of the debt; 3. The party to the guarantee