近几年来,为了防止和转嫁贷款风险,实现贷款的安全性、流动性、盈利性.采取担保或抵押放款方式,收到了较好的效果。但在推行贷款担保和抵押中还应注意以下几个问题: 一、严格审查担保人的法律资格。担保是一种承诺性担保,担保人必须是借贷双方当事人以外的第三人。因此,采取该种担保之关键在于把握担保人的法律资格,即:担保人可以是法人组织,也可以是自然人,但均必须具有实际代偿能力,国家行政机关及事业单位不得作为担保人,否则视为无效担保。 二、严格选择抵押物。抵押是一种实物性担保,担保人可以是借款人,也可以是第三人。但应注意,采取该种担保形式必须严格选择抵押物,一方面,抵押品具有市场价格稳定,价格风险小,另一方面,易于流通和保存。 三、借款人与第三方担保人之间应签订合同,以明 In recent years, in order to prevent and pass on the risk of loans and achieve the safety, liquidity and profitability of loans, the guarantee and mortgage lending methods have received good results. However, in the implementation of loan guarantees and mortgages should also pay attention to the following questions: First, a rigorous review of the guarantor’s legal qualifications. Guarantee is a commitment guarantee, the guarantor must be a third party other than the parties to the loan. Therefore, the key to such a guarantee is to grasp the legal qualifications of the guarantor, that is, the guarantor may be a legal person organization or a natural person, but all of them must have the actual compensation ability, and the state administrative organs and public institutions shall not act as guarantors, Otherwise regarded as invalid guarantee. Second, strict selection of collateral. Mortgage is a kind of security in kind, the guarantor can be a borrower can also be a third person. However, it should be noted that such forms of guarantee must be strictly selected collateral, on the one hand, the collateral with a stable market price, the price of risk is small, on the other hand, easy to circulate and save. Third, the borrower and third-party guarantors should sign a contract to clarify