[Direct answer]In the Beijing area, the impact is reflected in two aspects: one is notification, and the other is contractual restrictions. According to Article 696 of the Civil Code of the People's Republic of China, if the creditor transfers all or part of the creditor's rights without notifying the guarantor, the transfer shall not be effective against the guarantor; if the guarantor and the creditor agree to prohibit the transfer of creditor's rights, and the creditor transfers the creditor's rights without the guarantor's written consent, the guarantor shall no longer bear the guarantee responsibility to the transferee. In other words, when transferring creditor's rights, the creditor should notify the guarantor. Otherwise, the guarantor can still perform the obligation to the original creditor; if the original contract explicitly prohibits the transfer and the guarantor's written consent is not obtained, the guarantor's guarantee responsibility will be exempted. Action guidance: Check the guarantee clauses before transferring, and immediately notify the guarantor in writing and keep the relevant proofs after the transfer.

1. Problem background and typical scenarios

When transferring a secured claim, the transferee often only focuses on the debtor and overlooks the guarantor. Typical scenarios include: the creditor transferring the claim together with the guarantee without the guarantor's knowledge, and the guarantor subsequently claiming that they are no longer liable; or when the original contract stipulates that "the claim cannot be transferred without the guarantor's consent", the creditor proceeds with the transfer anyway, resulting in the guarantee becoming invalid. Guarantees are an important safeguard for the security of claims. If the transfer process is not handled properly, the safeguard may disappear in an instant.

II. Key points of dispute

Firstly, whether the guarantor is notified is a necessary condition for the transfer to take effect; Secondly, the prohibition of the transfer agreed upon and its consequences; Thirdly, whether the guarantor can assert defenses against the transferee; Fourthly, the relationship between the guarantee period and the transfer. The core lies in: notification and consent, which are the two key switches for the continuation of the guarantor's liability.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling creditor and guarantee cases is that before the transfer, we first check two things: how the guarantee clause is stipulated and whether the guarantor agrees. Firstly, the law clearly stipulates that if the creditor transfers the creditor's rights without notifying the guarantor, the transfer shall not be effective against the guarantor. This means that even if the transferee acquires the creditor's rights, he cannot directly require the guarantor to bear responsibility, and the guarantor can still perform his obligations to the original creditor and be exempted from liability. Therefore, the transferee should urge the original creditor to notify the guarantor in writing at the same time as the transfer and keep the delivery receipt. Secondly, if the guarantor and the creditor have agreed to prohibit the transfer of creditor's rights, and the creditor transfers the rights without the guarantor's written consent, the guarantor shall no longer bear guarantee responsibility to the transferee. This agreement has substantive effect, and it is necessary to check the original guarantee documents before transferring major-interest creditor's rights. Thirdly, the guarantor does not have no defense space after notification: according to the provisions of the Civil Code, the guarantor may claim the debtor's defenses against the creditor, and may also claim his own defenses against the creditor; the expiration of the guarantee period and other circumstances also affect the assumption of liability. In practice, a common dispute is that the transferee thinks that "the creditor's rights and guarantees are integrated", and claims against the court without notifying the guarantor, resulting in the inability to directly require the guarantor to bear responsibility because of the lack of notification, and only being able to recapture the original creditor or debtor, which obviously increases the risk. When the Beijing area court handles such cases, it usually focuses on reviewing whether the notification has arrived, whether there is a prohibition of transfer agreement, and whether written consent has been obtained. Therefore, it is recommended to simultaneously stipulate the notification obligation, the time limit for obtaining the guarantor's written confirmation, and the breach of contract liability in the creditor's transfer agreement, and to keep complete delivery and consent evidence. It should be emphasized that the notification should be made by the original creditor, and the transferee can deliver it together with the authorization to enhance the effectiveness.

IV. Practical suggestions and legal basis

The first step is to check the guarantee clauses of the original contract to confirm whether it stipulates that the transfer of creditor's rights is prohibited. The second step is to obtain the written consent of the guarantor if the transfer of creditor's rights is prohibited by the contract. The third step is for the original creditor to notify the guarantor in writing after the transfer and retain the delivery certificate. The fourth step is to stipulate the time limit for notification and consent, the liability for breach of contract, and the guarantor's confirmation documents in the transfer agreement. The main legal basis: Articles 546, 696, 701, and 702 of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

When transferring a secured claim, don't just focus on the debtor: first check the guarantee clauses, then notify the guarantor, and obtain written consent if necessary. By completing all three steps, the guarantee will follow suit. For matters involving the transfer of claims and guarantees, you can consult with a lawyer for further assistance.Creditor's rights and debts, and enforcementObtain a comprehensive solution for the service; it can be integrated with contracts and transactionsBusiness and contract disputes in enterprisesPlate; for reference, please refer to the content related to factoring and financing\nFinancial capital and cross-border transactions involving foreign entities.；For matters involving enterprises and ordinary laws, please feel free to consult usIntellectual property protection and corporate lawOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Does the guarantor still need to bear responsibility after the transfer of the creditor's rights?

It depends on whether the notice has been given and whether there are any transfer restrictions. If the guarantor has not been notified, the transfer will not be effective against the guarantor; if the transfer is prohibited by the agreement and the guarantor's written consent is not obtained, the guarantor will no longer be liable to the transferee. If handled properly, the guarantee obligation can be extended to the transferee.

Q2: What materials are needed to transfer the rights and notify the guarantor?

It is necessary to prepare a creditor's assignment agreement, the original loan and guarantee contract, a written notice and delivery receipts (signature, express mail receipt or notarization), as well as records of communication with the guarantor. If there is a clause prohibiting the transfer of rights, it is also necessary to obtain the guarantor's written consent document.

Q3: How much does it cost to resolve such disputes over the transfer of creditor's rights?

The fees are determined based on the complexity of the matter and whether it involves litigation. For matters involving only drafting notifications and reviewing guarantee clauses, fees can be charged on a per-item basis; for matters involving litigation and enforcement, fees are charged based on the subject matter and the stages of the process. It is recommended to first assess the effectiveness of the guarantee before deciding on the investment.

Q4: How long does it take for the notice to take effect after notifying the guarantor?

It usually takes effect when the notice reaches the guarantor. The mailing time on the way depends on the delivery method. It is recommended to send it as soon as possible, track the delivery, and obtain a receipt to avoid the guarantor discharging his liability to the original creditor first and thus being exempted from liability.

Q5: What should I do if the guarantor refuses to cooperate in the verification process?

According to the contract and legal provisions, the facts can be fixed by sending a written notice and keeping the evidence of delivery; if the guarantor refuses to accept it, it can be sent by express mail and the return receipt should be kept. When conditions permit, it can be served by notarization. Whether there is a need to further assert liability can be consulted with a lawyer based on the circumstances of the case.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.