traducido por Federico Dilla
autor Maria Angeles Gonzalez
Guarantee, Warranty, Credit and Financing
One of the most misunderstood figures in the banking ecosystem is the guarantee and warranty. There is a very usual to differentiate conceptual confusion, so we do not know exactly what we mean.
"Endorsement"
AND WHAT IS A GUARANTEE
The Bank of Spain defines endorsement as follows:
"The guarantee is a way to guarantee or ensure compliance with financial obligations."
The guarantee is a way to guarantee or ensure compliance with financial obligations - Piopíalo
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We have three actors:
Guarantor, which undertakes to ensure the operation - Piopíalo.
Guaranteed, which meets the financial obligation, to pay an amount in a timely manner - Piopíalo.
Beneficiary, who can claim the amount the guarantor, if the guaranteed fails to pay - Piopíalo.
In the development of your business you can find in the following positions that will define the difference between guarantee and warranty:
ENDORSED, as an entrepreneur with BANK GUARANTEE:
The bank guarantee is a special case since the guarantor is a bank, savings bank, credit union, or other form of credit institution, which will be responsible for paying your financial obligations if you do not do it in front.
It is a banking operation, but as you get money, but a "letter of endorsement" to present them to your beneficiary, the risk is called "signature". The price that the bank is endorsing you a commission, usually an opening and then another quarter.
Furthermore it is most common to be asked to guarantee refuerces operation, often leaving a similar amount immobilized in a product the bank as security for the guarantee itself. Come on, that the risk to the company is zero.
If you need to issue multiple guarantees the same recipient you can negotiate directly line guarantee for the total amount, reducing as much paperwork do you need, requesting letters necessary but already granted.
The two most important types, which differ in terms of risk are:
Technical Endorsement: is normally required to face competition with the administration to demonstrate that it has financial capacity.
Financial guarantee: It is usually directly related to a well-defined economic operation and the risk is greater and therefore more expensive commission.
Backed by a mutual guarantee
In this case, a Special Partnership, called Mutual Guarantee, grants you a guarantee against a bank, responding by you of your obligations if necessary.
The Society is a group of companies that are associated and constitute a common fund to get cheaper and easier loans, usually sponsored by the Autonomous Communities and the Chambers of Commerce. To get an endorsement is required:
a) Being a member of the Mutual Guarantee, if you attach an operation as you get.
b) To fulfill the conditions required to endorse the operation. These conditions are often as demanding as any financial institution in terms of sales, profits and debt, including also you guarantee the guarantee.
c) If you are granted the operation, you benefit from better interest rates and more tolerant times, and I will give to any bank that is concerted without looking twice since and SGR has been busy looking at risk by the that brings you.
Supported by your family.
The guarantor and guaranteeing an obligation, it does it for free, but its obligations are very large, put as collateral "ALL YOUR MIND GOODS AND FUTURE", in fact, better to borrow money and put it as collateral to compromise someone you appreciate an endorsement that can be failed.
The typical case is parents who guarantee a child so you can buy a home with a mortgage that gives the bank would not give assurance that it does not make the supplement.
A personal guarantee is a burden that is carried throughout the life of the mortgage. Until the child has paid all the capital to the bank, parents respond debt to the bank with all its assets and rights:
With its payroll if any, with the board as a non-attachable exceed minimum, with the family home and all present and future wealth.
Some people then complains bitterly, "if I had known the consequences, do not ask them to sign it," "I never thought that his house was in danger" ... and others like it.
GUARANTOR of your own company.
If you are the sole owner of your business, it is the same as guarantee yourself is the only situation where the guarantor has real control of the operation.
In fact, the bank will tell you that if you do not bet for your business not have to do it.
If instead, you have other partners in the company, look very well what kind of operation avalas personally, and what you commit. Not the same endorse a credit account, which every year can reassess your situation, a loan of several years.
In practice it is often advisable if you're married, you proceed to a separate property to protect a part of the family patrimony in preventing a situation of this type.
GUARANTOR third parties outside the business.
We have seen the consequences of avalarte your loved ones, it is the same but in reverse, you agree to all in exchange for any consideration, and with a significant risk to your financial situation.
There is "a procedure for the bank to give me the loan," are equally obliged the holder, and instead do not control whether or not paid or if the bank comes to you first because it is easier.
If you look very committed, the better you lend money to endorse.
BECAUSE WHAT HAPPENS WHEN THE OPERATING RESULTS FAILED?
The guarantor has to pay the amounts owed by the holder of the loan to the bank, as well as penalties and judgments if any.
Although you can exercise the right to go to charge the person avalaste amounts you paid in practice amounts to "take a Greyhound" if the bank has not succeeded, you will be hard to get it.
If the debt exceeds your financial capacity, that will not stop you charge everything but you can not be the owner, and can be a very unpleasant situation, which also do not think of when it is signed.
Summarizing
The guarantee may find it beneficial or harmful depending on you to take part in it - Piopíalo:
It is necessary for your economic activity:
. When you endorse the Bank itself for others.
. When you are supported by an SGR against the bank.
. When you avalas with your personal guarantee operation of your own business.
It is risky for you and your family:
. When you endorse his personal guarantee for your business.
. When you avalas to parties outside your business.
. When you have partners and do not set clear limits on what you are willing to guarantee.
Aval, Garantía, Crédito y Financiación
Una de las figuras más incomprendidas dentro del ecosistema bancario es la del aval y la garantía. Hay una confusión muy habitual para diferenciar conceptos, de forma que no se sabe exactamente de qué estamos hablando.
Y QUÉ ES UN AVAL
El Banco de España define el aval de la siguiente forma:
“El aval es una forma de garantizar o asegurar el cumplimiento de obligaciones económicas.”
El aval es una forma de garantizar o asegurar el cumplimiento de obligaciones económicas- Piopíalo
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Tenemos tres actores:
- Avalista, el que se compromete a garantizar la operación - Piopíalo .
- Avalado, el que cumple la obligación económica, pagar una cantidad en tiempo y forma - Piopíalo .
- Beneficiario, el que puede reclamar el importe al avalista, si el avalado no paga - Piopíalo .
En el desarrollo de tu negocio te puedes encontrar en las siguientes posiciones que van a definir la diferencia entre aval y garantía:
El aval es una forma de garantizar o asegurar el cumplimiento de obligaciones económicas- Piopíalo
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