Shadow on the stock
Whether a company can engage in external guarantee is obviously not prohibited by law. Although the company's external guarantee is also a business project, it is an unconventional business behavior, and the law does not necessarily authorize the company's management to exercise it.
Once the company assumes the guarantee responsibility, it will inevitably have a direct impact on the interests of the company, especially the shareholders. In addition, the negative effects brought by the illegal guarantee behavior of directors and managers can be seen everywhere in reality for many years. Legislators believe that the decision-making power of the company's external guarantee must be exercised by the company owner-shareholders.
Extended data
Form of external guarantee
Including guarantee, mortgage and pledge.
Approval and filing of external guarantees
(1) External guarantee provided by banks: the balance of financing external guarantee provided by domestic and foreign institutions shall be managed by indicators, and the indicators shall not exceed 50% of the paid-in capital or foreign exchange net assets in local and foreign currencies;
Cancel the qualification conditions of financing external guarantee; The risk management of non-financing guarantee requires that one of the guarantors or beneficiaries is a domestic legal person, or at least one of them is an institution established or held by a domestic institution abroad according to law. The bank's external guarantee performance does not need the approval of SAFE.
(2) Chinese-funded non-bank financial institutions: balance management is combined with individual approval.
(3) Domestic enterprises
1. The guarantor must be an enterprise legally established by the guarantor at home and abroad and directly or indirectly controlled;
2, the guarantor shall not be a loss-making enterprise for three consecutive years, except for resource development enterprises; Net assets should be positive;
3. Requirements for the guarantor: the guarantee balance shall not exceed 50% of the net assets, and the ratio of net assets to total assets shall not be less than 15%.
Baidu encyclopedia-external guarantee