Tian Yeyu, male, Christie's Chongqing law office lawyer, graduated from China University of Political Science and Law, majoring in law, Hou Deming law, thus, the pursuit of justice, truth Zhi Gong worship. Member of the green home environmental protection association of China University of Political Science and Law, member of the Chinese National Lawyers association. Treat litigation cases, after accepting the Commission, regardless of the size of the subject, are reported with meticulous enthusiasm for the work of the work attitude, based on facts, the law as the criterion, do everything to protect the legitimate rights and interests of the client.
Tian lawyer Yeyu Tel: 13996819718 - lawyer interview
Considering the legal network Ian: welcome your arrival, you give us about the real estate mortgage loan, what are the main legal risk?
Tian lawyer: fill in the contract is not perfect. Some financial institutions pay attention to the contract format, content and the mutual connection between the master and the master contract, which ignores the details of the contract signing. First, when the borrower signed error change, not change the signature or stamp in the office, once a dispute, the contents of the contract is controversial; second, some mortgage contract signature is not signed or sealed by the parties themselves, when recourse loans, priority void; in addition, there are brothers contract or sisters signed on behalf of the situation, after a dispute, how to identify the signature and fingerprints? Where is the problem? Perhaps the investigation is not comprehensive, perhaps for other reasons. Third, the contract does not cover seal, etc..
In addition, the collateral assessment is not true, the risk of loss of collateral. For example, in order to make loans to overestimate the value of collateral, collateral quality is not qualified across the collapse.
Considering the law: how to avoid the risk of Ian contract terms?
Tian lawyer: the person responsible for filling out the print contract, print out the contract is the best lawyer to review the WORD document plus macro, can not be edited, the error deleted text.
At the time of signing, preferably by the legal personnel and risk managers with customer and customer manager signed, after signing timely pay lawyers are forms of audit, and the completion of the transfer of data.
George: what can the property law net Ian loans, what are the main legal risk?
Tian lawyer: according to China's security law, drafts, checks, promissory notes, bonds, certificates of deposit, warehouse receipts, bills of lading; negotiable stock; exclusive trademark rights, patent rights, copyright and so on; it can pledge the property.
The delivery of the right certificates must be delivered. The authenticity and legality of the first need to review the title certificate; secondly, bill of exchange, cheques, promissory notes, bonds, certificates of deposit, warehouse receipt or bill of Lading Pledge, document of title shall be delivered to the pledgee agreed in the contract period. The pledge contract shall enter into force as of the date of delivery of the right document.
The registration of the contract must be registered. To be able to transfer the stock according to law, the need to enter into a written contract, and the securities registration authority for the registration of the quality. The pledge contract shall enter into force on the date of registration. In a limited liability company, the pledge contract shall enter into force as of the date on which the shares are recorded in the register of shareholders.
Should be approved by the pledge must be approved before the entry into force. Should be approved by the competent authorities of the State Council, must be approved in order to issue loans. For example: Chinese citizens, legal persons or units of illegal persons to foreigners in the computer software copyright property, must be approved by the relevant authorities under the state council.
Delivery, registration, approval is a risk control point.
George: what Ian law net property can be used as chattel mortgage loans, what are the main legal risk?
Tian lawyer: in addition to guns, ammunition, explosives, drugs, and so on special illegal hostages, other legal items can do chattel mortgage. The pledger and the pledgee shall conclude a written pledge contract. The pledge contract shall matter is delivered to the pledgee. Can also be combined with the custody contract, transportation contract, processing contract, to design the loan program, when the debtor does not fulfill the debt, the creditor has the right to retain the right to form “ lien loans ”.
Make real estate mortgage loans, the risk is the realization of the value of goods, the value of the size.
Considering the legal network Sinan: how can the contract constraint loan legal risk?
Tian lawyers: the contract is not completely bound risks, we need to try to design a complete contract terms. For example:
The agreed major investment restrictions, clearly agreed borrower investment reached a certain amount or percentage, major investment behavior and the influence of its own solvency, the lender must obtain the consent of the consent, and its contribution to the formation of equity to the lender to provide supplementary pledge, in order to avoid the use of loan borrowers can change.
In the loan repaid before the borrower shall not use its assets to any other creditors shall not provide guarantee, mortgage, pledge rights or any other security interest in the property or income, or the lender has the right to recover the loan principal and interest.
Any member of the borrower group corporate default to any creditors are regarded as a major threat to our credit, our company as the lender shall have the right to exercise on the unsafe right of defense, the unilateral decision to suspend the payment of the loan has not yet been used in loans, and to recover part or all of the principal and interest of the loan in advance.
In order to be left to the debt of our company, we have the right to act according to the provisions of contract law., exercising the right of revocation. Long term subsidiary of the company's funds, or subsidiary of the company's long-term occupation of funds, resulting in the loss of the main body of the debt, the company has the right to exercise the right of subrogation.
Considering the above problems: the legal network Ian you explain very detailed about the interview you have what to add?
Tian lawyers: in general, the risk of loans, to specific issues specific analysis. The investigation should be carefully detailed before the loan, especially large loans, may sometimes need to be surveyed for one or two months; for loans in the loan after dinner is not paralysis; need to grasp the progress of the project to detect risk. The above view is not comprehensive, only a talk, if there is nothing wrong with the place, hoping to put it out. You can add my WeChat public number., exchange of views in a timely manner. Thank you for considering the legal network to provide a platform for exchange.
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