Through the research and find out the current situation of the company to borrow 2 billion in mortgage assets at Bank B and Bank C requesting loan amount to 1 billion more for conservation secured by the mortgage of the property was mortgaged to Bank B, I would be analyzed as follows:
First, on the mortgage contract of 5000 tonnes of coffee Company A to Bank B: schools the Company's bank A, B does not require registration of mortgage contracts is contrary to the provisions of law (according to article 3 paragraph 2 and article 3 of the CC 20015 Decree No.83 / 2010 / ND - CP)
Monday , analyze the continued use of 5000 tons of coffee of the Company to effect security transactions are mortgage assets with bank C
Pursuant to the provisions of law (paragraphs 1 and 2 of Article 324 of the Civil Code) with 5000 tons of coffee is in the warehouse of Company A, such assets can be used as collateral for bank B and C. With banks following conditions:
First, the company needs demonstrate the value of 5000 tonnes of coffee at the present time is how much? The difference between the market price in the amount that Company A are of two bank loans B and C. If proven value of 5,000 tonnes of coffee of Company A is given to a larger collateral 3 billion the amount the company fully capable to continue borrowing at banks C and continue to use 5000 tons of coffee to make collateral.
Second, if the difference between the tariffs coffee current with required loan amount less than the total value of 3 billion, the company should speak with the Bank C, should clearly analyze the current situation of the company is already mortgaged 5000 tonnes of coffee in warehouses for Bank B, Bank C agreements for loans with assets of 5,000 tons of coffee is to continue to mortgage as stipulated by law.
After analyzing the current situation of the Company, I would like to give a the best advice for your company can be accepted C bank loan proposal with the $ 1 billion:
In fact, the banking system is a series of activities have close links. All loans have specific information on the inter-bank system. Therefore, given the current situation can be seen, Bank C fully recognize the company has borrowed 2 billion in bank B and the mortgage by 5000 tonnes of coffee. But when asked to borrow 1 billion, the bank decided to lend C to require the Company to continue to mortgage 5,000 tons of coffee is in the warehouse. It can be noticed Bank C has created an opportunity for the company to borrow von.Can themselves as stipulated in Decision No. 217 / QD-NH1 of August 17, 1996 decision of the Governor of the State Bank promulgating regulations on mortgage, pledge of assets and guarantee bank loans the case of Company A as a bank loan C should have the following notes:
On loan amount stipulated in Article 12 of this Regulation states: "The credit institutions (the mortgagee, pledgee; guarantee) based on the value of collateral, mortgage or guarantee was assessed as prescribed in Article 10 of this Regulation to determine the loan amount. The maximum loan amount is 70% of the value of collateral, pledge and guarantee assets have been identified and named in the contract. "So Company A when borrowing 1 billion in bank C must prepare with the necessary reports on the actual amount of 5,000 tonnes on the market of coffee.
On the property were built many times for many mortgage lenders, article 7 paragraph 7.6 of this regulation specifies that the assets are not mortgage including mortgage assets being. The preparation of the dossier mortgage assets pursuant to Article 15 of this Regulation. And also in this regulation is Article 17 has specific instructions for a property mortgage loans repeatedly. So the company should pay attention to the issue of mortgage contracts prepared with bank assets C because under this regulation should be registered at the state agency has the authority and the holder of the right assets for 5000 tons of coffee to ensure that the principle of handling collateral when the company "can not repay debts or disputes have kept two bank B and C.
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