风险控制-英文
A brief introduction
Litigation preservation: the preservation of the lawsuit is the plaintiff in order to prevent the transfer of property, to ensure that the real performance of the judgment, so as to apply for the court to seal the defendant's property, to prohibit the transfer. Also known as property preservation. In the implementation of the increasingly difficult today, the application of litigation preservation has become the plaintiff or plaintiff lawyers in the prosecution before the primary consideration. Litigation preservation is divided into before the procedure and the lawsuit preservation.
Guarantee of the security of the lawsuit: in order to make the decision of the court of the court to the court to apply for property preservation in order to make the decision of the court, and to provide a guarantee to the court in accordance with the law. Under the current legal requirements, provided by the guarantee can be a thing of the guarantee, it can also be a bank guarantee, but also a cash guarantee.
Litigation preservation, the meaning is not only to ensure the execution of the judgment, more important is, in many times, in the seizure of the defendant's property, can promote the rapid settlement of disputes, increase the bargaining chip. So as to better protect the interests of the plaintiff.
Two, business processing
The applicant provides the relevant information of the case (prosecution, property preservation application, the main evidence materials, etc.) - the applicant to provide the material for review, after the signing of the contract, the applicant in accordance with the contract to pay the guarantee and security, the court to take security measures - the company's security responsibility to lift, return the deposit, the end of the guarantee.
Three, charges
Charges: the amount of the subject to the preservation of the 2%-5% rate (the specific amount of the case is difficult and risk level, the two sides negotiated)
Product definition:
Straight off type mortgage guarantee business refers to the purchase of a property, in order to obtain a discount or other reasons for the purchase of mortgage loans for customers to apply for mortgage loans provided by the mortgage business.
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Product type:
According to the conditions of the lifting of the security responsibility, the product can be divided into:
1) pre-sale contracts secured: unison general guarantee liability customers in the purchase of real estate pre-sale contract for the sale of completed mortgage registration notice after release.
2) real estate collateral certificate class: unison general guarantee liability in the customer purchase production completed real estate certificates and bank mortgagee's mortgage termination.
Guarantee amount:
The amount of mortgage loans to the bank for the amount of the guarantee amount, the maximum number of loans into the number according to the bank's loan policy and the real estate price is reasonable and set.
Acceptance conditions:
The customer must meet all the following conditions:
1, the applicant in the age of 18 years of age (including), 65 years of age.
2, the applicant is a full civil capacity of the people's Republic of China and Hong Kong, Macao and Taiwan residents.
3, has the legal and valid identification documents.
4, with a stable, legitimate work units and revenue sources, there is a regular debt service capacity.
5, no bad credit and behavior record, no legal disputes; in the bank issued a personal credit report records of no bad record, or not included in a variety of credit blacklist.
6, the applicant is willing to provide real information, with the relevant procedures for the handling of the relevant procedures and pay the guarantee fee.
7, the applicant purchase transactions real and reasonable.
8, the other requirements of financial.
Product definition:
Trading to turn mortgage business refers to the seller of real estate the pledged to the Bank of the transfer of property to the buyer, according to the application of the seller or the buyer, by unison through guarantees, loans to the applicant for house property to pay off the original mortgage loans, to redeem the real estate certificate and handle the business of property transfer, mortgage, and other procedures.
Product type:
1) foreclosure floor loans for the seller to provide guarantee turn by business (hereinafter referred to as "the Seller guarantees" or "two paragraph" business), namely, real estate sell buyer mortgage banks apply for a sum of short-term (general loan period is three to six months) foreclosure floor loans, by unison through the provision of guarantees, source of repayment for the buyer to apply for mortgage loans or in the purchase, the bank supervision.
2) for the buyer's mortgage loans to provide security to the business (referred to as the buyer guarantee, or "a money" business), that is, by the financial industry for the purchase of mortgage loans to purchase mortgage loans, the bank issued a letter of guarantee issued by the bank loan to finance the loan, the loan from the seller to pay off the original loan bank loans, and then apply for cancellation / transfer / mortgage procedures.
3) the same bank shall be the same bank, which is the same as the Bank of the seller's loan. The bank receives the mortgage, transfer to the buyer's name and mortgage to the bank through the loan guarantee.
Guarantee amount:
Different business types to determine the amount of collateral:
1) guarantee business for the seller. Guarantee amount is equivalent to the amount of the loan to the direction of the sale of the bank to apply for the amount of the mortgage loan, the amount of the loan amount of the general mortgage loans to the seller's original loan balance
2) guarantee business for the buyer. Guarantee amount is generally equal to the purchase of mortgage loans for banks to apply for the purchase of mortgage loans, the bank will be the buyer of the mortgage loans issued to the full.
3) by the credit guarantee business. Guarantee amount and other seller's original loan balance.
Business acceptance:
When the customer is applying for a mortgage guarantee business, the customer shall provide the following information:
1 identification documents: buyers and sellers valid identity certificate copy;
2. Real estate transaction data: the sale of the two sides signed the contract or agreement copy; the buyer paid (or controls) of the first phase of the purchase proof copy.
3 the seller's original loan information: a copy of the original loan, the mortgage contract; a copy of the original loan repayment record, the bill of credit;
4 real estate information: the property of the "real estate certificate" copy;
5 the buyer's credit information: a copy of the letter of approval of the buyer's bank mortgage loan commitment or loan approval;
Other information required by the 6 financial.
Product definition:
Turn of the same name according to the guarantee business is refers to the application of artificially increase the loan amount, extend the repayment period, reasons for bank mortgage changes, by unison through guarantees, loans to the applicant for canceling the original real estate mortgage and /, to redeem the "real estate licence", in order to re new in the bank for the business of real estate mortgage and /.
Product type:
According to the different security loans, the product has two types:
1) for customers to the bank to apply for a short-term foreclosure property loans to provide guarantee (commonly known as "pen" business) that banks provide customers issued a special pen to foreclosure floor short-term (loan period is generally 3-6 months) loans, secured by Rand, source of repayment for real estate completed mortgage banks to customers for the issuance of mortgage loans and other loans.
2) for the customer to the bank for a mortgage or other loans to provide guarantee (commonly known as the "money" business), namely in unison pass issued letter of guarantee bank ahead of the part of the loan or all loans, by melting universal music to Qingyuan loans redeemed certificates of real estate, real estate mortgage registration in the name of bank business.
Guarantee amount:
Guarantee amount does not exceed the customers for the balance of the original loan, some banks to consider the original loan advance owing on the loan will be charged interest, allowing the amount of loan guarantee have a float.
Business acceptance:
Customers to apply for lending guarantee business, must provide the following information:
1) the identity certificate, including the identity card, account book, etc.;
2) a copy of the original loan contract and the mortgage contract;
3) original loan bank arrears list of original;
4) a copy of the original loan repayment records;
5) real estate management authority certificate documents, such as real estate certificate or housing all of the warrants, the use of land use warrants;
6) new loan approval opinion or loan commitment letter;
7) other information provided by the company.
Business introduction:
Flexible order loan is our short-term borrowings, to meet the needs of the business of new orders brought about by the flow of capital needs, within six months of the period, the loan procedures simple, high efficiency.
Application condition:
1, there is a real order;
2, the order of the demand side credit condition is good, no bad credit record, with the payment ability, and can provide a certain credit certificate;
3, the loan business normal, no bad credit record;
3, no major economic disputes or legal proceedings;
Application for the required information:
Enterprise application for security is required to fill in the application form of credit guarantee, and the following documents shall be provided at the same time, and the authenticity of the documents shall be ensured:
1 business license (original)
2 tax registration certificate (country, local tax original)
3 verification report
4 the financial statements and financial statements of the last two years (quarter and month) (with an audit report)
5 loan card
6 articles of Association
7 the legal representative of the legal person (the principal) and the legal representative (or principal)
8 contract or proof of the relevant contract or proof of business with the flow of funds
9 relevant information on the counter guarantee
10 the original purchase contract or purchase contract
Business introduction:
Easy bridge loan is our guarantee of short-term loans, and long-term financing docking, to solve the transitional capital needs of small and medium enterprises, the term is generally within three months.
Application condition:
1 have a clear source of repayment;
2 normal business operations, no bad credit record;
3 no major economic disputes or legal proceedings.
Application for the required information:
Enterprise application for security is required to fill in the application form of credit guarantee, and the following documents shall be provided at the same time, and the authenticity of the documents shall be ensured:
1 business license (original)
2 tax registration certificate (country, local tax original)
3 verification report
4 the financial statements and financial statements of the last two years (quarter and month) (with an audit report)
5 loan card
6 articles of Association
7 the legal representative of the legal person (the principal) and the legal representative (or principal)
8 contract or proof of the relevant contract or proof of business with the flow of funds
9 relevant information on the counter guarantee
10 enterprise financing plan
Business introduction:
Enterprise project investment loan guarantee refers to the need of capital expenditure, in the case of its own lack of funds and can not be independent of bank loans, through security to improve their credit and financing. Generally refers to enterprises for new, expansion, reconstruction, development, acquisition of fixed asset investment projects, such as the financing of financial institutions, such as banks and other financial institutions to obtain financing guarantees.
Application condition:
1, the city of Shenzhen in the city to declare the loan companies, the registered capital of not less than 1000000 yuan;
2, perfect management, good financial situation, debt service ability;
3, enterprise credit record is good;
4, loans or investment projects in line with national policies and investment approval procedures;
5, to provide the necessary, we can accept the counter guarantee measures.
Application for the required information:
Enterprise application for security is required to fill in the application form of credit guarantee, and the following documents shall be provided at the same time, and the authenticity of the documents shall be ensured:
1, business license (original);
2, tax registration certificate (country, local tax original);
3, capital verification report;
4, the current (quarter, month) of the financial statements and the financial statements of the last two years (report of the audit report);
5, loan certificate;
6, corporate charter;
7, the legal representative of the legal representative (Commission) and the legal representative (or the principal) identity card;
8, the project feasibility study report and the Department in charge of approval;
9, enterprise or project related to prove material;
10, the relevant information on the counter.
One, product definition:
Provided by the contractor to the owner, the Contractor shall ensure that the contractor is responsible for the warranty of the quality of the warranty period within the time limit for the quality of the project.
Two, guarantee way:
1 bank guarantee
2 professional Guarantee Corporation
Three, guarantee period:
By the owner and the contractor in accordance with the "construction quality management Ordinance," the relevant provisions of the fortieth relevant provisions in the contract, the general acceptance of the date of the completion of two years.
Four, guarantee amount:
By the owner and the contractor in the contract agreement, generally should not exceed 5% of the total contract price
Five, special provisions:
If the owner fails to pay the full payment to the contractor, the Contractor shall not require the contractor to submit the project quality guarantee.
Six, submit information:
Business license copy, legal person code certificate copy, copy of the tax registration certificate, business registration registration approved single, certificate of the legal representative, the legal representative of the authorized books, legal representative and agent ID, and the legal representative of the main leaders of the resume, registered capital verification report, the enterprise qualification certificates, enterprise is introduced and the articles of association, winning notice, the construction contract, recently three years audit reports, loan card copy and query log
One, product definition:
Owners to pay to the contractor or supplier contracts agreed advance, guaranteed by the contractor or supplier to the owners submitted to ensure the in accordance with the contract agreed correct and reasonable for the purposes of the contract using the advance payment, and according to the contract with the owners of the amount deducted from the prepaid amount, not to advance payment for other purposes.
Two, guarantee way:
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1 bank guarantee
2 professional Guarantee Corporation
Three, guarantee amount:
The amount of the advance payment shall be determined by the owner and the contractor in consultation, generally for the construction contract price (bid price) 10%. The bid invitation project, which uses the lowest bid price method which is used by the assessment, shall not be less than 15% of the contract.
Four, guarantee period:
Negotiated by the owner and the contractor or supplier, the validity period of the advance payment guarantee shall not exceed 30 days after the full return or deduction of the advance payment.
Five, advance payment guarantee:
To ensure that the people are able to carry out the construction in accordance with the contract and pay the full amount paid by the owner. If the contractor to quit the contract, terminate the contract, owners can not within the prescribed time limit with the project payment deduct all the advance payment, the owner as the beneficiary of the letter of guarantee has the right to by advance payment guarantee to the banks and security companies claim the amount of the guarantee of the guarantee.
Six, processing flow:
Seven, submit information:
Business license copy, legal person code certificate copy, copy of the tax registration certificate, business registration registration approved single, certificate of the legal representative, the legal representative of the authorized books, legal representative and agent ID, and the legal representative of the main leaders of the resume, registered capital verification report, the enterprise qualification certificates, enterprise is introduced and the articles of association, winning notice, the construction contract, recently three years audit reports, loan card copy and query log
One, product definition:
The owner's payment guarantee is to ensure that the owner of the works contract payment obligations, provided by the owner to the contractor, to ensure that the owners pay the security of the project. Owners in the signing of the construction contract at the same time, the Contractor shall submit to the owner of the project payment guarantee. The construction projects that are not submitted to the owners of the works shall be deemed to have not been implemented.
Two, guarantee way:
1 bank guarantee
2 professional Guarantee Corporation
Three, guarantee period:
The validity period of payment of the owner's works shall be stipulated in the contract. The contract is valid deadline for the owners provide the contract completed in addition to the project quality warranty amount of payment for all the engineering settlement, within 30 days to 180 days.
Four, guarantee amount:
The amount of the security of the owner's payment guarantee shall be equal to the amount of the security of the Contractor's performance, which is generally 10% or 15% of the contract price. For the construction contract amount of more than 100000000 yuan project, the owner of the project payment security can be determined by the engineering contract payment cycle to implement the sub roll guarantee, but the amount of each period of the project contract amount of 10-15%. The owner of the project payment guarantee by using the sub roll guarantee, in the owners, project supervision engineer or cost engineer to confirm or settle the project schedule, the owners pay the corresponding project, the current owner of the project payment security is lifted, and automatically into the next phase of the project guarantee.
Five, processing flow:
Six, submit information:
Business license copy, legal person code certificate copy, copy of the tax registration certificate, business registration registration approved single, certificate of the legal representative, the legal representative of the authorized books, legal representative and agent ID, and the legal representative of the main leaders of the resume, registered capital verification report, the enterprise qualification certificates, enterprise is introduced and the articles of association, winning notice, the construction contract, recently three years audit reports, loan card copy and query log
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One, product definition:
Provided by the contractor to the owner, the Contractor shall ensure that the Contractor shall perform the obligations of the contract for the construction contract.
Two ways of guarantee for the performance of the Contractor's performance guarantee:
Bank guarantee;
Guarantee of professional Guarantee corporation;
Three, guarantee amount:
The amount of the guarantee for the performance of the Contractor shall not be less than 10% of the price of the project construction contract price (bid price). The amount of the guarantee shall not be less than 15% of the contract.
Four, guarantee period:
The validity of the performance guarantee to the Contractor shall ensure agreed in the contract, guarantee the reservation contract valid deadline for the construction of the project contract scheduled project completion and acceptance of the date of 30 days to 180 days.
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Five, special provisions:
The same bank or professional Guarantee Corporation shall not provide the owner of the same engineering construction contract to pay the guarantee or the Contractor's performance guarantee.
Six, processing flow:
Seven, customer request to submit a list of data:
1, the introduction of enterprise, the articles of association of the company 2, business license copy, corporate code certificate copies, tax registration certificate copy 3, business registration registration approved single, certificate of the legal representative of the 4, legal representative and agent ID 5, legal representative and main leader resume 6, registered capital verification report 7, the construction contract 8, three years of financial statements of 9, loan card information
One, project bid guarantee:
Provided by the guarantor to the tenderer, the tenderer shall, in accordance with the provisions of the tender documents, bid invitation to participate in the bid invitation documents, the Bidder withdraws the bid documents, or does not sign contracts for construction projects.
Two, guarantee way:
The way the bid security can be used:
Bank guarantee
Guarantee of professional Guarantee Corporation
Dingjin (bond) guarantee
The tenderer in the tender documents in the way
Three, guarantee situation:
1, the bidder shall not withdraw the bid within the validity period of the bid invitation documents;
2, the bidder in the tender validity of the tender notice issued by the tender, according to the provisions of the contract signed by the world;
3. The bidder shall submit the tender notice in the tender period, and submit the bid invitation documents.
Four, guarantee period:
The validity period of the bid security shall be stipulated in the contract. Ensure effective contract agreed deadline for bid validity after 30 to 180.
Five, general guarantee:
The amount of guarantee is generally 2% of the total bid price