What is a loan guarantee? Who can be a guarantor? Loan guarantor Who can act as a guarantor

Have you been asked to become a guarantor for a loan? Don't rush to answer. Take a time out and think through everything carefully, because not only your future relationships with loved ones, but also the well-being of your family will depend on your decision.

Banks are willing to issue loans with guarantees, and the larger the loan amount, the more guarantors are required. After all, by issuing loans with a guarantee, the bank receives additional guarantees of loan repayment and at the same time reduces the risk of issuing loans to unscrupulous borrowers.

What is a loan guarantee?

A loan guarantee is usually understood as the obligation of a third party to repay the loan.

The guarantor undertakes obligations to the debtor's creditor for the latter's fulfillment of all his obligations under the loan in whole or in part. The surety relationship arises as a result of the execution of a surety agreement. When drawing up a loan guarantee agreement, the borrower provides his information to the bank, then visits the bank with the guarantor. The application is reviewed, then the borrower and the guarantor draw up an agreement with the bank, which ceases to be valid after the loan is repaid. If the borrower’s financial condition improves over time and there are no delays, you can obtain permission from the bank to terminate the guarantee agreement, which is drawn up in writing.

The package of documents that the bank requests from guarantors is almost the same as those from borrowers. Both the reputation of the guarantor and his financial condition are checked, since he becomes the guarantor of the return of funds to the bank in the event of failure by the borrower to fulfill his obligations under the loan agreement.

A financial institution requires a loan guarantee in the following cases:

when the client’s income is insufficient to ensure normal solvency;
the borrower's income is not officially confirmed;
the client’s age does not allow him to pay off the debt in full;
the loan is issued for a large amount;
The client has a negative credit history.

When providing a long-term loan, relatives can act as guarantors; if the loan is taken out for a short period of time, the guarantor can be any person who is suitable for the bank according to certain parameters. The guarantor must have a positive reputation and an appropriate level of income. It’s easy to get a loan in St. Petersburg from the Manimo company directly on the website.

What you need to know before becoming a guarantor

The first thing you need to do is get all the information on the desired loan from your friend, relative, or acquaintance. Specify the requested loan amount, the term for which it is taken, the interest rate and the purpose of the loan. Knowing this information, you can easily calculate all the costs of the loan and weigh your real possibilities for repaying it in the event of the borrower’s failure to fulfill its obligations.

It would not be a bad idea to worry about your property. If the loan amount is significant, if the borrower fails to fulfill its obligations, the guarantor becomes liable for the borrower. For late loan payments, banks charge significant penalties. And a situation may arise that the amount calculated by the guarantor to repay the loan may not be enough. Then, by court decision, the recovery will be directed to the property of the guarantor.

Thirdly, you need to know exactly all the information about the person who asked you to act as a guarantor for the loan. If this is a person you don’t know well, for example a colleague, then it would be a good idea to find out where the borrower actually lives and where the borrower is registered. If your registration is not in the region where you plan to take out a loan. Where can you then look for a borrower to repay the debt if he refuses to pay the loan and leaves, and the entire debt will have to be paid to you.

And finally, you should beware of acting as a guarantor for loans from the head of the company you work for. If the head of a company takes out a loan for himself as an individual, this may indicate his possible financial problems, which in the future may fall on the shoulders of the guarantor.

Rights of the guarantor

The rights of the guarantor are secured by Articles 364 and 365 of the Civil Code of the Russian Federation. Every guarantor should know them and be able to use them (if necessary).

The guarantor has the right:

Raise objections to the claims of the creditor (bank), which the debtor could present, unless otherwise follows from the guarantee agreement (for example, a reduction in penalties). This is done if the bank violates the terms of the loan agreement and the guarantee agreement.
Require the debtor to pay interest on the amount paid to the creditor and compensation for other losses incurred in connection with liability for the debtor.
Obtain the rights of a creditor under an obligation if the guarantor has fulfilled his obligations as a guarantor and satisfied the demands of the creditor instead of the debtor. The rights to collect are transferred by the bank to the guarantor in the form of an agreement, say, for the assignment of a claim in the amount of the obligation fulfilled by the guarantor.
Receive from the creditor all documents certifying the claim against the debtor, and all rights securing this claim. To present a claim to the debtor for the return of funds (possibly in order to file a claim by the guarantor through the court), you will need to have documents - an agreement on the assignment of the claim, payment documents confirming your payment of the bank's claims, a copy of the loan agreement and others.

Possible consequences of a guarantee

In accordance with Art. 361 of the Civil Code of the Russian Federation, under a guarantee agreement, the guarantor undertakes to the creditor of another person (borrower) to be responsible for the latter’s fulfillment of his obligation in whole or in part. Thus, a citizen who has entered into a guarantee agreement with a bank is responsible for returning the amount of money issued by the bank to the borrower, as well as for paying interest under the loan agreement.

Most guarantors, having signed the agreement, do not understand its consequences, namely, that they have assumed the obligation to repay the loan and interest if the borrower does not fulfill his monthly obligations to the bank. In case of non-fulfillment or improper fulfillment by the debtor of the obligation secured by the guarantee, the guarantor and the debtor are jointly and severally liable to the creditor, unless the law or the guarantee agreement provides for the subsidiary liability of the guarantor. The surety is liable to the creditor to the same extent as the debtor, including payment of interest, reimbursement of legal costs for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of the obligation by the debtor, unless otherwise provided by the surety agreement. Persons who jointly gave a guarantee are jointly and severally liable to the creditor, unless otherwise provided by the guarantee agreement (Article 363 of the Civil Code of the Russian Federation).

All banks provide for joint liability of the borrower and guarantors. As a result, the debt under the loan agreement is subject to recovery from both the borrower and the guarantors in full. Joint liability under a loan agreement means that at the stage of execution of a court decision, collection will be made at the expense of the funds of any debtor, and not in equal shares, as citizens mistakenly believe. This means that the execution of the court decision will be carried out at the expense of those debtors who have money or property to be sold.

After the guarantor pays the debt in full, i.e. after the fulfillment of the borrower's obligations to the bank to repay the loan and interest, in accordance with the law, the rights of the creditor under this obligation and the rights that belonged to the creditor as a pledge holder are transferred to the guarantor who fulfilled the obligation, to the extent that the guarantor satisfied the creditor's claim. However, the former guarantor, who fulfilled the borrower’s obligations, faces the problem of collecting the funds paid by him from the borrower; he may have neither property nor income that can be seized.

Be sure to weigh your financial capabilities: if they are not enough to, under unfavorable circumstances, fulfill all obligations to the lender alone, then it is better to politely refuse the guarantee than to feel the burden of responsibility for a loan that was not taken by you throughout the entire borrowing period. And remember that in most cases, bank employees, on their own initiative, will not warn the guarantor about the consequences if the borrower fails to repay the loan.

Arbitrage practice:

Pomazkov N.M. filed a lawsuit against OJSC Russian Agricultural Bank, the Rostov regional branch of OJSC Rosselkhozbank, additional office No. 3349/7/35 of the Rostov regional branch of OJSC Russian Agricultural Bank (hereinafter referred to as OJSC Rosselkhozbank) and Pomazkova V .M. on recognizing the guarantee agreement as not concluded.

In support of his claim, he indicated that between OJSC Rosselkhozbank and V.M. Pomazkova. On July 29, 2008, a surety agreement for an individual No. 070735/0071-9/3 was concluded, according to which Pomazkova V.M. undertakes to be fully responsible to the bank for the fulfillment of obligations by the borrower of SPOK KapitALL under the agreement on opening a credit line No. 070735/0071, concluded on November 22, 2007. On the day of signing the agreement Pomazkova V.M. was his wife. He did not give his consent to conclude the contract. The consent of the spouse to conclude a surety agreement is not provided for by current legislation, however, the parties to the agreement proceeded from the condition that such consent must be obtained, which follows from the content of clause 3.6 of the agreement and the presence on sheet 6 of the agreement of information about the spouse of the guarantor.

The parties to the agreement established that the consent of the spouse must be sought and this is an essential condition of the agreement. He became aware of the concluded agreement in December 2010, when Pomazkova V.M. a demand for fulfillment of obligations under the contract was sent by mail. He was married to V.M. Pomazkova, they had jointly acquired property. In the event of certain circumstances stipulated by the contract, it is possible to foreclose on jointly acquired property, therefore, Pomazkova V.M. disposed of this property without his knowledge, despite the fact that, according to the terms of the agreement, he, in his opinion, did not agree to foreclose on the jointly acquired property.

Guided by Art. 361 of the Code of Civil Procedure of the Russian Federation, the Matveevo-Kurgansky District Court of the Rostov Region decided to uphold the decision without change, the cassation appeal of N.M. Pomazkov. - without satisfaction (Case No. 33-10791 dated 08/08/2011).

10.25.2006 between AK Sberbank of the Russian Federation (OJSC) and Tarina E.V. a loan agreement No. 10372 was concluded. According to the terms of the loan agreement, the bank provided Tarina E.V. loan in the amount of 210,000 rubles.

As security for loan repayment, Tarina E.V. provided the bank with a guarantee from individuals: Guryeva O.V. and Nedorezova N.A.

10/23/2006 between AK Sberbank of the Russian Federation (OJSC) and Guryev O.V. a surety agreement No. 3094-P was concluded to secure obligations in the amount of 210,000 rubles. under loan agreement No. 10372 dated October 25, 2006.
Guryev O.V. filed a lawsuit against Sberbank of Russia OJSC for termination of the surety agreement No. 3094-P dated October 25, 2006.

The requirements are motivated by the fact that since February 2008 Tarina E.V. did not fulfill its obligations under the loan agreement, systematically allowed late payment of the loan; in March 2008, he learned that the loan agreement was concluded by Tarina E.V. for the purpose of transferring funds to A., who is the employer of Tarina E.V.; Tarina E.V. does not pay the loan, referring to A. explains that she did not take out the loan and does not intend to pay; When concluding the guarantee agreement, he proceeded from the fact that Tarina E.V. works and is able to pay the loan; he did not provide guarantees for A.’s obligations, and therefore the agreement is subject to termination. In the claim to Guryev O.V. to OJSC Sberbank of Russia on the termination of surety agreement No. 3094-P dated October 25, 2006, concluded between O.V. Guryev. and the Joint-Stock Commercial Savings Bank of the Russian Federation (OJSC), refuse to collect legal costs (Case No. - 33 - 4486 of 01/26/2011).

Nowadays it is difficult to find a person who has not taken out a loan from a bank at least once in his life. But it’s one thing to buy household appliances in installments. And it’s completely different to issue a guarantee. If the amount is large, the bank may ask for additional guarantees. Who should I contact if there is a need to obtain a loan guarantee? What responsibilities are imposed on the parties to the transaction? You will learn the answers to these questions from this article.

Definition

Surety (Civil Code of the Russian Federation) is the obligation of one person to answer to the borrower of the debtor for the latter’s fulfillment of the terms of the transaction. The need for such a guarantor most often arises in long-term lending. In the example of a mortgage, this means that the guarantor must return the money to the bank if the borrower cannot do it himself. When accepting such responsibility, you need to be prepared for the consequences.

Why do you need a loan guarantee?

The most interested party in this matter is the bank. The credit institution reduces loan rates, the consumer can conclude a profitable deal, and the guarantor provides an additional guarantee of repayment of funds. Although the law stipulates special benefits for such persons, they also have a high responsibility.

The guarantee agreement is concluded between the bank and the guarantor. The written consent of the debtor is not required. Although in some cases banks may ask for it.

The guarantee agreement includes the following clauses:

Obligation of the guarantor;

Scope of liability of the guarantor;

Amount of guarantees (amount of the collateral);

Rights, obligations and responsibilities of the parties.

Let's take a closer look at the most important of them.

Loan guarantee: responsibility

A guarantor and a co-borrower are not the same thing. In the second case, both parties to the agreement equally share the rights to the acquired property and obligations. The main difference is the maximum transaction amount that the bank will calculate based on the total income of the debtor and co-borrower. The guarantor's cash receipts cannot increase the credit ceiling, but their size must be higher than the monthly payments.

Joint and several liability is more often used in mortgage lending. This means that the bank can demand fulfillment of obligations from the borrower and the guarantor, both in full and in part. The credit institution may shift responsibility to the guarantor. Agreements with subsidiary liability are concluded less frequently. In this case, the bank has the right to collect the unpaid amount only if the borrower cannot repay it on his own. First, claims are presented to the main debtor. In this case, the bank is obliged to make sure that the borrower cannot repay the loan himself: collect all the evidence, obtain the appropriate court decision, wait a certain period of time and only then contact the guarantor. The problem also lies in the fact that the main debtor may disappear without a trace. Then it will be impossible to prove his insolvency. Claims against the guarantor disappear along with the debtor. Therefore, such agreements are concluded extremely rarely.

Rights and obligations of the guarantor

When the bank demands to repay the loan:

Once the borrower stops paying;

If the value of the debtor’s property is not enough to repay the loan;

In the event of the death of the borrower.

The bank may require from the guarantor:

Pay off the principal amount of the debt;

Pay off interest;

Pay fines and court penalties.

Although the guarantor assumes a great deal of responsibility, he also has a number of rights. They are spelled out in Art. 365 Civil Code of the Russian Federation. The most important of them is that if the guarantor has fulfilled all obligations, then he receives the rights of a creditor. That is, he can demand that the debtor compensate him for all losses, including interest under the contract. In this case, the bank is obliged to provide it with all documents certifying the requirements for the borrower.

Decision-making

Guaranteeing a loan is a big responsibility. Therefore, before signing an agreement, you need to carefully analyze your income and expenses. If the borrower evades his obligations, the bank “switches” to the guarantor. First, they try to collect the debt with money, then with movable and immovable property. But sometimes the sequence may change. For example, if the borrower took out a loan for a car, but does not have his own home, then, by a court decision, the bank will be able to collect the debt from the guarantor’s living space, if the latter does not have a car of equal value.

But if the apartment was purchased with a mortgage loan, and the guarantor does not have any other property suitable for habitation, then the court will refuse the request. On the other hand, after fulfilling all obligations to the credit institution, the guarantor receives the right to demand compensation for material damage from the borrower, including in court. In this case, the bank is obliged to transfer all documents to him and notify the debtor about this.

Failure to fulfill the obligations undertaken by the guarantor will put an end to the possibility of taking out a loan in the future. Therefore, decision-making must be approached very carefully. It is worth re-reading the agreement several times in a calm atmosphere (a sample guarantee can be obtained from bank employees during the decision-making period). It is necessary to evaluate not only the debtor’s solvency, but also your own. Taking out a loan without collateral and a guarantee for a person who acts as a guarantor will be very difficult in the future.

How to escape

It is most difficult to evade obligations if the spouse acts as a guarantor. Things are even worse if the guarantors are retired parents who are not currently working. There are only three ways out of this situation: ask for debt restructuring, credit holidays, or sell the collateral. Most often, such issues are resolved through the courts. If the bank wins the case, the decision will be transferred to the state executive service. If the guarantor does not have a source of income, a car or housing, then after 6 months the GIS will return the decision to the credit institution without execution. A repeated appeal may not bring results if the guarantor does not acquire work or property.

The court will not allow the bank to take away every penny of the money. If a family has two minor children or disabled relatives who have applied for alimony, then up to 70% of income can be spent on their maintenance. That is, it is quite legal to make sure that the bank receives crumbs. But in such cases, the credit institution and collectors will try to find “gray” income from the debtor.

Everything must be done on time

The bank may force the guarantor to repay the borrower's debt no later than six months after the termination of payments. In this case, the credit institution is obliged to request the return of money in writing. Litigation can drag on for a long time. Usually the situation is like this: the borrower does not make payments for 2-3 months, about 30 more days are spent resolving the issue of credit holidays and debt restructuring. Even more time is spent transferring the case to collectors and “hunting” for the borrower. Therefore, after receiving an official letter from the bank, the first thing to do is ask when your partner last made a loan payment. There is a chance that the train has left, and the bank no longer has the right to demand anything.

But if there is still a trial...

Even if the request arrived on time, there is no need to panic. Even bankers admit that the main purpose of a conversation with a guarantor is to psychologically influence him in order to force the borrower to pay. In such cases, lawyers advise carefully reviewing the contract again. Sometimes it is possible to legally oblige the bank to sign an additional agreement with the conditions required by the guarantor, citing the fact that the old provisions are contrary to the law.

Fans of extreme sports can try to file a claim on behalf of relatives to declare the guarantor incompetent. Then all disputes will be resolved in the presence of a guardianship council, which will not allow the property to be taken away from their “patient”. But even if such extreme people are found, the bank may require a forensic examination to confirm the diagnosis.

When does the guarantee end?

The Civil Code of the Russian Federation provides for several grounds:

The bank unilaterally made changes to the agreement;

The credit institution has not received the written consent of the guarantor;

The borrower, which is a legal entity, has been liquidated;

The debtor died.

However, obligations under a surety agreement can be inherited. But in this case there are relaxations. The successors are obliged to repay the debt if its volume does not exceed the value of the property received.

The following responsibilities are inherited:

From civil law contracts;

For compensation of material losses;

For payment of a penalty, fine or penalty;

Burial costs for the testator.

Obligations from civil law contracts, which only the testator could fulfill, are not transferred by inheritance.

Refusal to guarantee a loan can be initiated by the guarantor himself if he has doubts about the solvency of the partner. In this case, you need to find another candidate, contact the bank and draw up annexes to the contracts. This will work if the borrower is still fulfilling his obligations. If the debtor does not want to re-sign the agreement, then it can be terminated in court. The guarantor should first transfer all the property to relatives.

You can challenge a loan guarantee in Ukraine (as well as in Russia) if:

The bank applied later than 180 days after the delay in payments;

The guarantor is a family member, and the collateral property is joint;

The guarantor did not personally sign the agreement;

The guarantor is an incapacitated person;

70% of the guarantor's income is allocated to child support;

The guarantor is unemployed and does not own property.

What about businesses?

A guarantee for a loan from a legal entity provides only for joint and several liability of partners. It is very difficult to find such a guarantor. Firstly, he must have a stable financial position in order to pay off the bank if necessary. Secondly, the guarantor himself must have a good credit history in the past. Most often, the guarantor in such cases is another legal entity. The guarantees, responsibilities and procedure for signing documents are the same as for individuals. First you need to obtain the written consent of the guarantor. Then provide the documents to the bank. This:

Application form;

State registration certificate;

Documents confirming registration of the taxpayer;

Financial statements for the last year.

After all formalities have been settled, you can begin signing documents. In business activities, such an agreement is used to secure the obligations that arise from the purchase and sale agreement.

Legislation

The loan guarantee is regulated by Art. 361-367 Civil Code of the Russian Federation. But in practice, lawyers often have disputes about the legality of engaging a guarantor. According to Art. 361, the guarantor undertakes to be responsible to the debtor's creditor for the fulfillment of obligations in whole or in part. The agreement is consensual. Obligations arise only from the guarantor. He cannot unilaterally refuse them if this is not provided for in the document. If necessary, the guarantor is obliged to reimburse the principal debt, interest for its use, and legal costs. The liability of the guarantor is additional in nature, that is, it occurs only if the debtor fails to fulfill his obligations.

One of the controversial issues is holding the guarantor liable after the liquidation of the debtor. Example: the borrower is an organization that failed to fulfill its loan obligations and was declared bankrupt and liquidated. Should the guarantor be responsible to the bank? In judicial practice, there are often cases where the court satisfied such requirements. But how legitimate is this decision?

According to Art. 419 of the Civil Code of the Russian Federation, with the liquidation of an organization all its obligations cease. Demands to recover funds from the guarantor cannot be satisfied by the court. Exceptions are cases when legal acts assign the fulfillment of an obligation to another person (a claim for compensation for harm caused to health or life).

The guarantor is not a joint and several debtor to the creditor. He is responsible for the fulfillment by the main debtor of his obligations in full or in part. Due to this accessory nature, the guarantor's liability cannot exist separately from the main obligation. If it does not exist, then, in accordance with Art. 367 of the Civil Code of the Russian Federation, the guarantee is also terminated. Therefore, it is contrary to the law to say that the guarantor remains obligated until the debt is paid.

Summary

From all of the above, one conclusion can be drawn: if there is a need for borrowed funds, then it is better to take a loan without guarantors. It will be very difficult to find people willing to risk all their property. And the guarantor’s responsibility is high. Such transactions are regulated by the Civil Code of the Russian Federation. It specifies the conditions for the occurrence and transfer of obligations and the consequences for their failure to fulfill them. You can refuse after signing the documents, but it will be very difficult to do so. Therefore, if possible, it is better to take out a loan without a guarantor.

One way to increase your chances of getting a loan is to attract a guarantor: credit institutions are always more loyal to borrowers whose obligations are secured by guarantee agreements. Who can act as a guarantor, what requirements do banks place on him, and to what extent will he be responsible for the borrower’s failure to repay the loan on time? We will try to answer all these questions in this article, and also touch on the concept of “co-borrower” and consider how much having a co-borrower can increase your chances of getting a loan.

Guarantee from the point of view of the law. Responsibility and rights of the guarantor

The institution of suretyship was created and operates on the basis of the Civil Code of the Russian Federation (§5, Art. 361 - 367). According to Art. 361, the guarantor assumes the obligation to answer to the lender for the fulfillment by the borrower of obligations in whole or in part. The guarantee agreement must be drawn up in writing.

By default, this agreement assumes joint liability of the guarantors and the borrower in the event of failure or improper performance by the latter of its obligations. According to Art. 323 of the Civil Code of the Russian Federation, in case of joint liability of the guarantors and the borrower, the creditor has the right to demand performance both from all debtors jointly and separately from any of them, in whole or in part of the debt. Usually, when a controversial situation arises, the bank files a claim, in which the borrower and the guarantors are the defendants. The guarantor is liable to the bank to the same extent as the debtor and undertakes to repay interest, legal costs and other losses of the creditor.

In rare cases, subsidiary liability is provided (this must be specified in the contract). In this case, according to Article 399 of the Civil Code of the Russian Federation, the creditor must first present a demand for repayment of the loan to the borrower, and only then, if the latter cannot repay the debt, the demand will be forwarded to the guarantor.

According to Art. 365 of the Civil Code of the Russian Federation, if the guarantor fulfilled the obligation instead of the debtor, the rights belonging to the creditor are transferred to him in an amount corresponding to the amount of the repaid part of the debt. Simply put, if your guarantor repaid a certain amount of debt on a mortgage loan for you, then he has the right to part of the property that serves as collateral for this obligation. Also, the guarantor may demand from the borrower payment of interest in the amount paid by him to the lender, and compensation for other losses.

To present a claim to the debtor for the return of funds (for example, in order to file a claim through the court), the guarantor will need the following documents: an agreement on the assignment of a claim, an agency agreement; payment documents confirming payment of bank claims; copy of the loan agreement, etc.

It is important to know the cases when the guarantee may be terminated (Article 367 of the Civil Code of the Russian Federation). These include:

making changes to the terms of the loan, entailing an increase in obligations or other negative consequences for the guarantor, if he did not give written consent to this;
repayment or closure of a loan secured by a guarantee;
transfer of debt to another person without the consent of the guarantor;
refusal of the creditor to accept fulfillment of obligations from the guarantor;
expiration of the period specified in the guarantee agreement. If the guarantee period is not specified, then the guarantee is terminated within 1 year from the date the obligation is due and provided that no claim is filed against the guarantor;
if the deadline for fulfilling the obligation is not specified and is not determined by the moment of demand, the guarantee is terminated if the creditor does not bring a claim against the guarantor within 2 years from the date of conclusion of the guarantee agreement.

Having considered the legal aspects of attracting guarantors, it is important to find out how this type of security affects the possibility of issuing a loan, its size and rate. We will talk about this further.

Guarantee and its impact on lending conditions

Banks are always more willing to provide loans with guarantees in larger amounts. For example, Sberbank is ready to issue a consumer loan under the guarantee of one or two individuals in the amount of up to 3 million rubles without commissions and at very attractive rates. At the same time, without a guarantee you will not be able to receive more than 1.5 million rubles. (rates will naturally be higher). This bank takes into account the age and solvency of the guarantors and, depending on these indicators, indicates the number of required guarantors.

Note that when calculating the maximum possible loan amount, the bank does not take into account the income of the guarantor, and they do not in any way affect the size of the loan issued. However, the credit manager is obliged to make sure that the guarantor’s income is sufficient to repay the loan issued to the borrower - i.e. that the guarantor is solvent (most banking organizations use scoring). To do this, the guarantor is asked to provide the same set of documents as the borrower.

The credit history of the guarantor is also checked, and the same requirements are imposed on it as the history of the borrower (for example, if a bank refuses clients who have had 60+ overdue payments in the past, then the guarantor who made a similar delay in the past will not be allowed to will suit).

Even if the terms of the loan product do not provide for a guarantee, banks may still require the borrower to find a guarantor in the following cases:

when calculating the borrower's solvency, borderline results were obtained (a minimal deterioration in the financial situation will not allow the borrower to repay the debt normally);
the borrower does not have an ideal credit history;
the borrower meets all the criteria, but the bank has unconfirmed reasons for doubt;
the age of the borrower is from 18 to 20 years (in this case, a guarantee from a solvent parent or parents will be required);
retirement age of the borrower (guarantee of solvent children is required);
other cases.

A guarantee allows the bank to minimize the risks of non-repayment and fraud on the part of the borrower, including the risk of obtaining a loan using forged documents. Thanks to this, loans secured by a guarantee have more attractive terms.

Recently, in addition to a guarantee, the term “co-borrower” is often found among the characteristics of banking products. We will tell you further about what it is and what advantages and disadvantages this lending scheme has.

Co-borrowers: differences from guarantee, rights and opportunities

The co-borrower, like the guarantor, together with the main borrower is responsible to the bank for repayment of the loan in full and bears joint liability. However, from a legal point of view, it is easier for financiers to repay the debt at the expense of the co-borrower.

Co-borrowers are usually attracted when the borrower does not have enough personal income to obtain the required loan amount: when calculating the maximum loan size, the income of co-borrowers, unlike guarantors, is taken into account. Typically, co-borrowers are family members of the borrower (spouses, parents, children). One loan can involve several co-borrowers (usually up to 5). Each of them increases the possible loan amount in proportion to their confirmed income. If the borrower refuses to repay the debt, this responsibility falls on the co-borrowers.

Thus, the distinctive features of lending with co-borrowers are as follows:

when calculating the maximum available loan amount, the solvency of the borrower and co-borrower is summed up;
The co-borrower, together with the borrower, signs a loan agreement, accepting rights and obligations equal to those of the borrower. For example, with mortgage lending, the co-borrower receives the right to become a co-owner/owner of the purchased property (remember, the guarantor can only obtain this right by a court decision if it is confirmed that the loan has been repaid instead of the borrower);
in case of delays in payment of the loan and interest on the loan, the obligation to repay passes to the co-borrower automatically, and not by court decision, as is the case with the guarantor;
If a guarantor and a co-borrower are involved in the loan, then in the event of problems, claims will first be presented to the borrower, then to the co-borrower, and only then, based on a court decision, to the guarantor.

Regardless of whether a person acts as a guarantor or a co-borrower, he must remember some points and risks that he assumes.

Important to remember!

If a loan for which a person acts as a co-borrower or guarantor is not repaid on time, he, like the borrower, develops a negative credit history. In the future, banks may refuse him not only as a guarantor for another loan, but also as a potential borrower.

You should be thoughtful about guaranteeing and agree to act in this role only when you are completely confident in who you are guaranteeing for. The borrower is also advised to carefully select guarantors and co-borrowers. In a critical situation, they must take on your obligations and fulfill them.

It should also be noted that many banks (for example, Sberbank) use a spouse’s guarantee as additional collateral for a loan. At the same time, breaking the marriage bond does not relieve the guarantor from liability in the event of failure to repay the debt by the main borrower.

Only a conscious, balanced approach to the issues of guarantees and joint borrowing of funds allows you to count on much better lending conditions with a minimum of risks for loved ones.

January 2019

A guarantor is an official who will be personally responsible to the organization for the proper compliance by the borrower with financial obligations under the agreement. It is necessary to understand that a loan guarantee is not just a service provided to someone, but a serious action that equalizes the responsibilities of both the person who took out the loan and the person who acted as a guarantor of his integrity to the bank.

Who can be a guarantor for a loan?

Depending on the amount of the loan, you may need one or several people who are ready to share financial responsibility under the loan agreement.

According to the law, any citizen of the Russian Federation has the right to act in this role if he is capable, financially independent, and not disabled. But will he arrange a bank? As practice shows, these institutions take applicants very seriously. They are interested in both the financial and social side of the issue. The more positive aspects and facts in the documents provided, the greater the chance that the bank will approve the candidacy and issue a loan.

Loan guarantee law

The Civil Code of Russia contains a paragraph in Chapter 23, which is entirely devoted to issues of surety. It describes in the most detailed manner the requirements, rights and obligations of this person. Moreover, conditions are put forward not only in relation to the person who has taken on this role, but also to the essence of the loan agreement.

By law, the contract must contain clauses reflecting the specific actions of the guarantor in a situation where the borrower refuses or cannot pay, so that the person understands and takes into account all possible risks and consequences when making such a decision. These points can help if the debtor deliberately does not transfer payments.

In addition, the Civil Code protects the guarantor and his material interests by writing off or reducing penalties. And in some cases, it helps to avoid payments completely if the contract is considered incorrectly drawn up or is missing some information. There is legal liability for changing the clauses of the document after it has been signed in favor of the bank. In this case, the Civil Code is allowed to forcefully terminate the contract in the interests of the guarantor, and the company will be held administratively liable for financial forgery.

Chapter 23 allows the guarantor to personally contact the judicial authorities to initiate legal proceedings if the citizen does not agree with the actions of the bank or is sure that the debtor is deliberately refusing to pay.

Requirements for a guarantor

Who can become a guarantor under a loan agreement? Depending on the specific financial institution issuing the loan or its program, a candidate for this role may be a person who meets certain requirements. Compliance with the following important nuances is mandatory:

The age of the applicant - within the framework of the current legislation (Civil Code of the Russian Federation), this item has restrictions. The bank will not approve a candidate whose age is younger than 18 or older than 65 years.
Having Russian citizenship.
A constant source of income for at least six months.
Impeccable credit history.

At the same time, other factors may influence the bank’s decision. For example, an employee may require documentary evidence of a person’s financial viability with statements from the place of work on official wages. Close relatives of the creditor who wish to issue a guarantee for themselves are often refused, while in a number of companies, on the contrary, this is welcomed. As for the credit history, even if it is positive, but the person himself has one or more fairly large loans, he may be refused.

What responsibility does a loan guarantor have?

A guarantee agreement with a bank is not just a document that allows the borrower to receive the necessary funds. This is a document that imposes responsibility not only on the person who uses the money, but also on the person who has become the guarantor of his integrity. Moreover, responsibility can be different. The first is solidarity. It equalizes the obligations of both the main borrower and his guarantor, to whom the creditor has the right to make claims for debt collection after the first delay in payment.

Another, more serious version of liability is subsidiary. It comes into force at the moment the borrower is unable to comply with its contractual obligations. It must be proven in the courts, and an official ruling must be made on this issue. As a rule, only the joint and several method of personal liability of the surety is prescribed in the guarantee agreement.

In practice this manifests itself as follows:

the need for debt repayment;
payment of interest rates;
payment of fines and penalties in full;
repayment of costs spent on legal proceedings.

Reference! In the event of joint and several subsidiary liability, the guarantor, if he does not have cash, can pay by bank transfer or in property. The bank is endowed with all rights - up to and including petitioning the court for seizure. Upon the death of the guarantor, all liability passes to the heirs.

What guarantor documents will the bank need?

Bilateral relations between the financial organization and the borrower's guarantor are secured by an agreement. To complete it, you will need the following documents for the guarantor at the bank:

questionnaire - has no established regulations, sample - at the discretion of a particular company, content - personal information about the candidate;
passport of a citizen of the Russian Federation (it must contain permanent registration of the region where the loan is issued);
certificate 2-NDFL - confirms the person’s official income (this must be a decent amount, which will be enough to pay off regular monthly contributions, if such a need arises);
a copy of the work record book, a certificate from the place of official employment - this information will confirm the amount of work experience (according to the management of a number of banks, a long period of work for a person in one place positively characterizes him as a stable and reliable guarantor of the borrower);
military ID - up to 27 years of age;
balances on personal loans, if any.

Let's sum it up

Surety in the Russian Federation is regulated by the Civil Code. By law, this person does not have the right to claim funds taken by the borrower from the bank. But if payments are late, it will be the company that will solve financial problems and pay off debts. Each bank has its own rules, which determine who can become a guarantor and what requirements the candidate must meet. A person who decides to provide such a service should think carefully before concluding a transaction - after all, by putting his signature on the contract, he automatically acquires a number of duties and personal responsibility. And if the borrower disappears or refuses to pay, the consequences for the loan guarantor can be very dire.