A surety of an individual for a legal one can be issued. The loan agreement prescribes the terms of interaction between the parties. There are also options that allow a person to refuse further surety.
A surety agreement is an agreement of three parties: a creditor, a guarantor and a borrower. According to this document, the guarantor is responsible for the timely repayment of the debt to the same extent as the borrower. Therefore, in the absence of timely contributions, he must;
- pay interest for the use of bank money;
- reimburse legal costs.
The legislation does not limit the list of persons who can be considered as a surety. In some cases, it is possible to draw up an agreement for an individual for a legal entity. Such a scheme applies in cases where the obligation is taken by the company, and the performance is provided by a person.
Subtleties in the registration of a guarantee of an individual for a legal
There are no restrictions in the Civil Code of the Russian Federation that would apply to such situations. It is believed that a person should simply have legal and legal capacity. Only in this case will he be able to fulfill obligations.
The main list of requirements for the parties to the transaction is provided by the bank or the company issuing the loan. On the one hand, such organizations do not care who is the guarantor. On the other hand, it checks:
- having enough money to cover debt or fulfill obligations;
- relationship with the borrower;
- credit history.
With regard to the first point, a person needs to be provided with documents confirming his financial condition or the ability to fulfill obligations. However, the fact that the entity takes responsibility for the legal entity. person, leads to limits on amounts. For example, companies are often given more substantial loans than ordinary citizens. Therefore, an individual must have a fairly large income in order, if necessary, to cover the arisen debt.
If we talk about the relationship, then often the guarantor is the owner or manager, another close and interested person. This is due to the fact that the guarantor has an incentive and the opportunity to build the work of the entire organization so that it would be possible to pay off the debt without any problems.
A surety agreement with an individual is always drawn up in writing, but a notarial statement is not required. Sometimes a unilateral transaction is drawn up, but this is not correct, since, in terms of its internal content, the contract is bilateral.
If the legal entity does not fulfill the conditions prescribed in the contract, does not return the funds, then the individual is jointly and severally liable, and in some situations subsidiary. You can refuse a surety not only at the end of the contract. For this, other legal grounds are also used, for example, the assignment of debt to another organization, changes in the terms of the contract, deterioration in the health of the guarantor.