Fujian Zhongfu Industry Co., Ltd. Associated Guarantee

In judicial practice, when judging whether creditors are in good faith, the court considers shareholder guarantee as an example. For a non-listed company (joint stock limited company), if the creditor does not know that the debtor is the shareholder of the guarantor, the creditor is still in good faith; If it is a listed company, the creditor does not know that the debtor is the shareholder of the guarantor, and the creditor is not in good faith. The reason for the court's decision is that since the shareholder information of the listed company has been disclosed by the company in accordance with the regulations, the creditor should know that the debtor is the shareholder of the guarantor when examining the qualification of the guarantor. Accordingly, both the creditor and the guarantor are at fault in the guarantee contract. However, in reality, the announcement of listed companies usually only publishes the list of the top 65,438+00 shareholders who hold the most shares of the company and their shareholding. In addition, shareholders who hold more than 5% of the company's shares must disclose major changes in their holdings. For ordinary minority shareholders, it is difficult for creditors to know their relationship with listed companies. So, to what extent can creditors be considered goodwill? The idea of dispute resolution: Seeking the balance between the interests of creditors and shareholders Although judicial neutrality is a modern judicial norm, too much consideration of the protection of one party, especially the weak, will often lead to judicial difficulties, but the value orientation embodied behind the balance of interests is unavoidable. Especially in the face of the gap between law and reality, such as clear rules but unreasonable essence, how to be fair according to law under the existing legislative regulation.