1. If the company invests in other enterprises or provides guarantees for others, according to the provisions of the articles of association, the board of directors or the general meeting of shareholders decides that the total amount of investment or guarantee and the amount of a single investment or guarantee are limited in the articles of association, and shall not exceed the prescribed limit. 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 was passed by more than half of the voting rights held by other shareholders present at the meeting;
2. The adoption method of the guarantee resolution stipulated in the articles of association. Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association. Whether the guarantee is passed by the shareholders' meeting or the board of directors can be directly stipulated in the articles of association;
3. Ensure the resolutions that must be passed by the shareholders' meeting according to law. Where the company provides guarantee for "shareholders of the company" or "actual controllers", it must be approved by the shareholders' meeting or shareholders' meeting. In other words, the guarantee provided for the shareholders and actual controllers of the company must be approved by the shareholders' meeting, but not by the board of directors through the articles of association;
4. What should be examined and approved by the shareholders' meeting are: the total amount of external guarantees provided by the listed company and its holding subsidiaries, any guarantee provided after exceeding 50% of the latest audited net assets, guarantee provided for the guaranteed object with an asset-liability ratio exceeding 70%, and guarantee provided for shareholders, actual controllers and their related parties with a single guarantee exceeding 65,438+00% of the latest audited net assets. If the guarantee amount of a listed company exceeds 30% of the company's total assets within one year, it shall be decided by the shareholders' meeting and approved by more than two-thirds of the voting rights held by the shareholders present at the meeting.
Legal basis: Article 16 of the Company Law of People's Republic of China (PRC).
Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with 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.