Can a branch sign a guarantee contract?

Legal analysis: branches cannot sign guarantee contracts. If a branch of an enterprise as a legal person without the qualification of an independent legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) Article 17 If a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. Therefore, if losses are caused to creditors, it shall be handled in accordance with the provisions of the second paragraph of Article 5 of the Guarantee Law. If the branch of an enterprise as a legal person is authorized by the legal person in writing to provide a guarantee, and the scope of the legal person's written authorization is unclear, the branch of the legal person shall bear the guarantee responsibility for all the debts agreed in the guarantee contract. If the property managed by the branch of an enterprise as a legal person is insufficient to bear the guarantee liability, the enterprise as a legal person shall bear civil liability. If the guarantee provided by a branch of an enterprise as a legal person is invalid and it should be liable for compensation, it shall be borne by the property managed by the branch. If an enterprise as a legal person is at fault, it shall be handled in accordance with the provisions of Article 29 of the Guarantee Law.