The security industry has nine legal protection: "PRC security law", "property law", "company law", "law of succession", "civil law", "marriage law", "contract law", the "new 36", "Interim Measures for the administration of a financing Guarantee Corporation".

Guarantee Corporation have a contract, guarantee, mortgage contract, the repayment plan, notarization contract text.

The loan guarantee business　

1, technological transformation of enterprises loan guarantee

2, enterprise capital loan guarantee

3, enterprise credit guarantee loan

4, the comprehensive enterprise credit guarantee loan

5, business owners personal loans

6, personal investment and loan guarantees

7, property replacement bridge loan guarantee

8, short-term loan guarantee

　　Note the underwriting of securities

1, the credit guarantee

2, the bank acceptance bill guarantee

3, commercial bill guarantee

Letter of guarantee, bank 4

5, the enterprise bond guarantee

6, the capital preservation fund guarantee

7, trust products secured

8 other bills, securities

　　The performance security trading business

The performance security, engineering 1

2, project payment guarantee

3, bid guarantee

4, raw materials for credit guarantee

5, equipment installment guarantee

6, property preservation guaranty

7, the lease contract guarantee

8, other contract guarantee

Land mortgage procedures:

1, the project provides the front-end data for trial (color scanning files, clear): A, loan application, specify the amount and time limit of project survey, loan, payment plan, source of repayment, the repayment plan; project B, copy of business license, credit card, the real estate development enterprise qualification certificate; C, collateral ownership certificate (the use of state-owned land, real estate card), or pre assessment report issued by D, the value of the mortgaged property assessment agencies; E, the feasibility study report of the project; F, 2009 balance sheet, profit and loss statement, cash flow statement, it is best to audited financial report in 2009 recently, a monthly financial statements. 2, the capital after the examination, signed the "contract" Project Financing Consultant and advisor; 3, the project according to the "real estate projects list" to provide a full set of effective, clear color scanning documents; 4, the funds through the project data review, the direction of funds the project as a business letter, in Guangdong capital and project financing issues a preliminary communication, reached a cooperation agreement, the capital to the project of project progress, collateral conditions. 5, funds will set the financing plan, raise funds; 6, funds and projects to apply for mortgage registration, payment of funds, funds for construction and operation monitoring project.

Business loans to provide to Guarantee corporation: (1) proof of ownership; (2) the report card property assessment of the latest; (3) the board of directors through a resolution mortgage (all the members of the board of directors signature); (4) mortgage applications (5) the most recent balance sheet, profit statement.

Real property mortgage is an important guarantee of credit business. In recent years, with the change of China's real estate market and the relevant policies and regulations, real property mortgage facing some new legal problems need to be solved, and some new legal risk points need to pay attention.

Mortgage of land use rights-- the transfer of land use right mortgage

   The allocation of land use rights, land users by the people's governments at or above the county level shall obtain approval, free or paid compensation, resettlement and other costs do not limit the use right of state-owned land. Transfer of land use right has its own characteristics: (1) the land acquired the right to use is achieved due to the specific administrative act government allocated, is a national social and economic management to exercise administrative power, the land use rights for distribution or adjustment; (2) the land users free of charge, no need to pay the price, this is not equal to the land users do not need to pay any fees. In general, the land user must pay land compensation and resettlement fees, pay land use tax; (3) the land use rights can be period, can also be no period, except as otherwise provided by the laws, administrative rules and regulations, has not used the right time limit; (4) the land use rights in addition to the statutory in the circumstances, shall not transfer, lease, mortgage.

[guide] legal risk prevention

   In the transfer of land use right mortgage should pay attention to the appropriate allocation of land with certain conditions should use right. "Urban state-owned land use right transfer and the transfer of the Provisional Regulations" forty-fifth and "Interim Measures" the allocation of land use rights management sixth shall transfer the mortgage of land use rights must meet the following four conditions: one is the land users for the company, enterprise, other economic organizations and individuals; the two is a state-owned land to use card; three is the ground buildings, other structures of legal proof of ownership; the four is in accordance with the provisions of land use rights contracts signed, the people's Government of the local city, county to sell gold back or to transfer, lease, mortgage proceeds to the leasing of land use rights of land use rights. To meet the above conditions of the allocation of land use rights, in handling mortgage need a mortgage contract, and mortgage registration. In addition, if signed land use right transfer contract to transfer, lease, mortgage proceeds to the leasing of land use rights, and make the corresponding elimination should be considered in the assessment of the price factor in the assessment of land value.

    The mortgage of the allocation of land use rights, thoughChina's current laws and regulations have not yet built buildings on the transfer of land use right mortgage without explicit provisions, but according to the "urban state-owned land use right transfer and transfer of the Provisional Regulations" in forty-fifth and 1992 the Ministry of land and resources issued the "transfer of land use rights management Interim Measures" provisions of article sixth, to transfer land the mortgage of the right to use, must be "with the ground buildings, other structures of legitimate certificates of property rights". Because you have not yet built buildings on the transfer of land use right mortgage does not meet the above requirements, the existence of legal risk mortgage invalid, in credit business should not accept such collateral.

Mortgage of right to use collective landGuarantee the legal risk prevention guidelines

   Collective land use right is the rural collective economic organizations and their members and with other organizations and individuals enjoy the legal provisions on collective all land in the legal scope of the usufructuary right, including: land use right; private plots, hilly land use rights; land contract management right; township enterprises, rural public facilities and public welfare construction land use right. According to the "property law" article 183rd, article 184th and "guarantee law" article thirty-fourth, article thirty-sixth, the provisions of article thirty-seventh, at present, the legal right to use collective land mortgage range use strict attitude, to set the mortgage of the right to use collective land only to the extent that the contractor agreed "4 barren" land the right to the contracted management of township (town) and in accordance with the law buildings, such as the workshop of village enterprise occupied by the collective land use right two, for cultivated land, residential land, land, hilly land and collective land use right is still.

[opinion] legal risk prevention

   Business involves mortgage of right to use collective land, should pay attention to the following issues:

   The 1 law prohibits the township, village enterprises the right to use construction land mortgaged separately. According to the "property law" in article 183rd, the township village enterprises, construction land use rights shall not be mortgaged separately. The township village enterprises, factories and other buildings of the mortgage, the construction within the area occupied land use rights shall be mortgaged together.

   2 "4 barren" mortgage of land contract management right need certain conditions and. One is based on the "rural land contract law" article forty-ninth, "property law" the provisions of article 180th, for the mortgage "4 barren" the right to the contracted management of land shall be made to the "tender, auction, public consultation"; two is to the consent of the employer; three is in accordance with the provisions of the Ministry of agriculture "of rural land the right to contracted management management approach", the undertaker shall have the right to contracted management of land, right to land contractual management in the report to the competent agricultural administrative departments of the local people's government at or above the county level (rather than the land administration department after approval by the people's government at the same level) issued by.

   Realization of the township village enterprises in 3, factories and other buildings of construction within the area occupied by the mortgage of land use rights. "Property law" the provisions of article 201st, "the township, village enterprise reachs construction within the area occupied by the mortgage of the right to use, after use of realizing the mortgage right, without legal procedures to change the nature and the land ownership of the land shall not be". Accordingly, for the disposal of the mortgaged property transfer of collective land use rights, be punished use the transferee generally only original according to the the nature of collective land ownership and land use right of the collective land to use. The limitations of the nature of land ownership and land use leads to collective land use right circulation is poor, strict control together with the national land policy, could lead to the timely realization of mortgage right in practice.

   4 the right to use collective land mortgaged shall obtain the corresponding examination and approval. "4 barren" mortgage of land contract management right, must be approved by the employer agreed. The rural enterprise mortgage of collective land use right, must be approved by the owners of collective land land subject to a mortgage agreement, and issue a written certificate. The owner of collective land in issued with written proof of the mortgage right of collective land use of rural enterprises must be land mortgage related matters in the farmers' Collective internal legal procedures.

In the construction mortgage

(a) in the construction mortgage overall requirements

   According to the "Regulations of city real estate collateral management approach" in article third, in the construction mortgage refers to a mortgage made projects in the loan funds to continue the construction, its legitimate means of obtaining the land use right along with the assets invested in the construction works, in order not to transfer possession of the mortgaged to the bank as collateral to repay the loan behavior. The Supreme People's court "guarantee law" judicial interpretation effect in the construction mortgage guarantee made confirmation. The interpretation of the provisions of article forty-seventh, "in accordance with the law to not built or being built houses or other buildings collateral, the collateral for the registration of parties, the people's court may identify mortgage." The October 1, 2007 implementation of the "property law" for the construction of the collateral issue further clarified, the law 180th stipulation: "the property of the debtor or the third party has the right to dispose of collateral:...... (five) is the construction of buildings, ships, aircraft".

[opinion] legal risk prevention

   According to the legal provisions, in the construction mortgage shall comply with the following elements: (1) the main elements: the mortgagor should in principle be a loan contract debtor, but also in the construction of the occupation of land use rights. (2) object: collateral in the construction mortgage must be the debtor "legitimate means of obtaining the land use right along with the assets invested in the construction works", and must be "legally approved has not yet been built or are building houses or other buildings". (3) form elements: in the construction mortgage to be effective in law, not only between the parties must sign a mortgage contract, but must register the mortgaged property according to law, or mortgage has no legal effect. Therefore, in the process building collateral in the project should carefully review the loan purpose, subject, and to ensure that the collateral procedures on the lawful and valid.

(two) in the construction mortgage range of engineering and value determination

   According to the "Regulations of city real estate collateral management approach", the mortgage in the construction consists of two parts the right to use the land in the construction of the building itself and its. The collateral part of buildings, in the mortgage is engineering in whole or in part has been completed as collateral, the present theory and practice around the registration is not unified. One view is that, according to the "security law" provisions of the mortgage, after setting new buildings do not belong to the mortgaged property, in the construction mortgage range of engineering should be part of the mortgage have been completed; another view in the construction mortgage should project contains the unfinished part, whole body. On the part of the mortgage of land use rights, including the land use right or just finished part of the project under construction of assessed land share the same, there are two kinds of views. One idea is to be built in the project have been completed part of assessed land shares as collateral, in the construction area of land occupied and the value range of the mortgage in the construction area of the project a total construction area of the proportion of allocation, not the projects in the occupied all the land within the scope of the inclusion of mortgage range; another view is indivisible whole land use rights, should be based on the land use rights as collateral.

[opinion] legal risk prevention

   To prevent risks, for the quasi mortgage in the construction of buildings, should be based on the overall project as collateral. (1) construction in the mortgage of real estate options, its nature is different from the "security law" on the real estate mortgage; (2) in the construction of the fundamental purpose is to achieve the project mortgage loan funds to complete the project; (3) real estate projects can not be achieved in the whole completed before the mortgage guarantee function the needs of the actual control of economic value; (4) just finished part of the mortgage, not necessarily can have independent function. Of course, in determining the value of the mortgaged property, should eliminate the unfinished part in the construction of the value, namely, the real value of the collateral value is equal to the minus the mortgage of under construction project has not yet completed part of the CIP value. For part of the land use rights, in principle should be to mortgage the land use right.

   Due to the actual mortgage registration, part of the local land management departments for the registration of mortgage in the construction area has been completed and the corresponding evaluation, so in the construction mortgage only gradually by finishing area gradually collateral, until completed to overall project for mortgage. In view of this situation, if the Land Management Department agreed to in the construction of the whole as collateral, should take the overall mortgage mortgage; if the local housing authority does not agree to the construction works as collateral, you can follow the completion area gradually additional mortgage.

   To determine the value of construction works in the mortgage, according to the "notice" provisions of the real estate mortgage credit business norms and bank related valuation issues related to management, "the value of real estate collateral negotiated and agreed upon by the parties to the mortgage, or by the real estate appraisal institutions appraisal". Therefore, the mortgage in the construction of the project, the bank can determine its value and the mortgagor consultations, can also be commissioned real estate assessment agencies to assess the mortgage in the construction, determine the construction works in the mortgage market fair value on the basis of assessment. Because in the construction mortgage there are many uncertain factors, so in the approved collateral value and the actual loan amount discount rate from the tight control, control in the construction mortgage rate.

Project Name: false purchase a car loan business

Business type: a car consumer guarantee business

Summary.

   The third party operation was for trade, in the third party dominant operation, and dealer collusion, through false transactions, and the use of car loan guarantee product risk vulnerability, through false purchase a car, will be our purchase a car payment or guarantee, thus on the risks to our company, making our compensation, loss. Division I through criminal case, civil litigation mode, recover compensatory payments likely.

The first partDescribe the project general situation

   Zhao XX in 2010 to A in June the bank to apply for a sum of 200000 yuan of personal automobile consumption loans, the purchase of the Duke to enjoy a version of the 2.5 car (value 317600 yuan), also apply for automobile guarantee business to our company, to provide joint liability guarantee for Zhao XX the car consumption loans.

   Zhao XX in the course of processing loans, entrusted to B bank customer manager Xue manager contact with our company, and provide the relevant loan data. A bank loans to individuals for automobile consumption loans 200000 yuan to the designated account to XX Zhao Zhao, according to XX should be handling mortgage registration formalities within 2 months after the loan, Zhao XX timeout not mortgage procedures, through our car to survey: Shenzhen YP automobile sales and Service Co., Ltd. Sales Manager Xu XX feedback Zhao XX, not the actual purchase a car, but by Zhao XX friend don XX buy Teana 2 comfortable edition car (value 205977 yuan), and Che Kwun by our verification, down to XX in the near future is not in the city of Shenzhen YP auto sales Services Limited purchase a car transaction records. Zhao XX suspected of bank loans to change the use, and the missing money, loans overdue, I Division in 2011 April, the remaining loan principal and interest in full compensation compensation, liquidated damages of about 210000 yuan.

The second part Risk problems or occurrence

1, not according to our time for mortgage procedures, more than 3 months without a mortgage procedures.

2, loans, loan applicants first period has not for the car payments, cause our company compensation.

3, the survey XX Zhao has not actually purchase a car, the loan fund, Zhao XX can not contact, our full compensation.

The third part Process and measures

1, the project after the Chuxian company immediately formed a task force to investigate and deal with.

2, visited the car purchase a car, by understanding that Tang XX, Shenzhen YP car sales of collusion.

3, and the termination of the Shenzhen YP car all business cooperation, the cooperation business inventory.

4, 2010 November, Shenzhen City Public Security Bureau police, public security organs of criminal investigation to XX Zhao, Tang XX, and Shenzhen YP companies associated personnel file and.

5, the Division I after compensatory, take decisive action and property preservation measures, sealing up the subject property, for recovery through litigation.

The fourth part Analysis of project risk factors

   The root cause of project claim is the debtor and the third party fraud conspiracy to defraud bank loans, we guarantee, risk awareness project operating personnel is not high, not found in advance, further lead to the risk.

The fifth part  Summary

   The project is a typical lies, industry personnel through false transactions, use the car loan guarantee product risk vulnerability, risk transfer to the Division I. Division I for the risk of business more timely, and through a variety of ways to solve the problem of recovery. Take the initiative to find risk, only by enhancing the risk consciousness and risk identification ability, project operating personnel to improve compliance project, to appear inconsistent with the current rules of operation problems found in a timely manner. The present case:

1, the applicant collusive human industry practitioners, familiar with the operation flow of car loan guarantee.

2, for not signing the garage garage, new signing the business need to strengthen investigation accepts the details.

3, the project due diligence on the reasonable sex vehicle trading not prudent judgment.

4, not in strict accordance with the provisions of the schedule for our business, not timely mortgage procedures did not cause enough attention, also did not take effective measures, resulting in the final out of our. For indeed need to wait for the vehicle "good" business, shall submit to the company Chen Ming, the real situation and to purchase a car business for deferred processing (including customer pay delay guarantee fee and for counter guarantee procedures etc.).