The external guarantee of state-owned enterprises needs to strictly abide by relevant laws and regulations, the most important of which are the Company Law and the Guarantee Law. According to the provisions of these two laws, the external guarantee of state-owned enterprises needs the authorization of the board of directors and cannot exceed 10% of their net assets. In addition, state-owned enterprises need to gradually improve the internal control system and strengthen risk management and information disclosure. Specifically, before a state-owned enterprise provides external guarantee, it must be discussed and decided by the board of directors, and the relevant guarantee application form must be filled in for the record. In this process, the board of directors needs to comprehensively evaluate the possible risks arising from the guarantee behavior and formulate corresponding risk response measures. In addition, after providing external guarantees, state-owned enterprises also need to disclose the guarantees to the public in accordance with regulations, and make an announcement on the guarantees in the annual report to ensure the public's right to know and the legitimate rights and interests of investors. At the same time, state-owned enterprises should also strengthen the management of external guarantees, establish and improve the internal control system, conduct regular risk assessment and internal audit, and timely discover and correct violations in guarantee behavior.
What risks should state-owned enterprises pay attention to when providing external guarantees? State-owned enterprises should pay attention to market risk, credit risk and operational risk when providing external guarantee. In the guarantee behavior, enterprises need to fully evaluate the credit status and solvency of the guaranteed object, as well as possible market changes and economic risks. In addition, in the process of guarantee, state-owned enterprises need to pay attention to prevent operational risks, establish a management and supervision mechanism for internal guarantee personnel, and effectively prevent the occurrence of guarantee risks.
In a word, providing external guarantee by state-owned enterprises is a risky business. We must abide by relevant laws and regulations, establish risk control and information disclosure mechanisms, strengthen internal management and audit supervision, prevent the occurrence of guarantee risks, and protect the rights and interests of the public and investors.
Legal basis:
Article 47 of the Company Law of People's Republic of China (PRC) The board of directors is the authority of the company and is responsible for the operation and management of the company. The company adopts the collective decision-making system of the board of directors.