Where the company provides guarantee for the shareholders of the company, including the controlling shareholder or actual controller, it must be resolved by the shareholders' meeting. In this case, shareholders may accept this fact.
Only the "Legal Online" version of Hefei Forum was asked by netizens. To tell the truth, although I have studied company law for several years, I really don't have a clear concept on this issue. After consulting the company law, I gave an answer: first, generally speaking, the law does not explicitly prohibit subsidiaries from providing guarantees for the parent company, so subsidiaries can provide guarantees for the parent company after fulfilling the corresponding resolution procedures stipulated by law. According to article 16 1 of the Company Law, it must be resolved by the shareholders' meeting or the shareholders' general meeting. Second, if it is a wholly-owned subsidiary, according to the third paragraph of article 16, the controlling shareholder must abstain, so it cannot form a resolution, so it cannot actually provide guarantee. This is in line with the pursuit of company law and does not harm the interests of relevant parties. Third, if the subsidiary is a listed company, guarantee is prohibited. According to Article 2 of the Notice of CSRC and SASAC on Regulating the Capital Exchange between Listed Companies and Related Parties and External Guarantee of Listed Companies, listed companies may not provide guarantee for controlling shareholders. Attachment: Article 16 of the Company Law Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors, shareholders' meeting or shareholders' meeting in accordance with the provisions of the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting. Before this, several lawyers on the Internet answered, but all of them were nine Niu Yi cents. For example, if you look at the purpose of the guarantee, you should not. However, in the real market, it is very common for parent and subsidiary companies to guarantee each other, especially for bank loan contracts. Please see the announcements of some listed companies for details. Do as many people do. The key is that all parties concerned have to agree. You may not have done this exercise. Multi-shareholders do what multi-shareholders do. The key is that the law allows such a guarantee, and all parties concerned must agree. You may not have done this exercise. I understand, so I can only stay in words. Legal knowledge is really too extensive to master. However, we have to pretend to understand and take other people's problems seriously, otherwise our knowledge and ability will not be improved and the image of lawyers will be damaged.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.