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一、保证主体。银行在接受保证人的保证时,首先应审查该保证主体是否符合担保法规定的保证资格,如是属于担保法第八、九条规定的禁止性主体,则不能与之签订保证合同;其次对有资格作保的主体,应详细地审查其营业执照、注册资金、经营范围、法人证书、法定代表人的资格及为人、资信能力、经营管理、生产销售、财务收支等情况。其中对注册资金应着重予以审查,禁止签订保证金额超过保证人注册资金的保证合同,否则超出部分仍是没有保证;其三,一般地银行不能接受企业的分支机构、职能机构作保,但企业法人的分支机构有法人的授权委托书的,则应认真地审查授权委托书的真伪及授权范围,在授权范围之内的允许其作保;其四,银行在接受两个或两个以上的保证人对同一贷款进行保证时,为确保贷款的安全,应在合同中明确约定所有的保证人都对债务承担连带责任;其五,严格禁止银行在其经营活动中为任何人提供担保。二、保证期间。借贷合同中银行要明确两个期间,即借款期间和保证期间。借款期间是贷款的归还期限,保证期
First, the main guarantee. When accepting the guarantor's guarantee, the bank should firstly examine whether the guarantor subject to the guaranty qualification stipulated in the guaranty law and can not sign a guaranty contract if it is a prohibited subject under Articles 8 and 9 of the Guaranty Law. Secondly, The main body of insurance should examine in detail the conditions of its business license, registered capital, business scope, legal person certificate, qualification of legal representative, person and credit ability, operation and management, production and sales, and financial revenues and expenditures. Which should be focused on the registered capital should be reviewed, forbidden to sign the guarantee amount of more than the guarantor of the registered capital of the guarantee contract, or beyond the part is still no guarantee; Third, the general bank can not accept the branch offices, functional agencies to protect, but the corporate Of the branches have a legal power of attorney, you should carefully examine the authenticity of the power of attorney and the scope of authorization, within the scope of authorization to allow it to protect; Fourth, the bank to accept two or more When the guarantor assures the same loan, in order to ensure the safety of the loan, all the guarantors shall be clearly stipulated in the contract to bear joint and several liabilities for the debts. Fifth, the bank is strictly prohibited from providing any guarantee to any person in its business activities. Second, the guarantee period. Bank loan contract to be clear two periods, namely the loan period and the guarantee period. Loan period is the loan repayment period, the guarantee period